State v. Michael L. Washington, 2018 WI 3, 1/9/18, affirming a published court of appeals decision; case activity (including briefs) The supreme court determines that, despite the absence of any colloquy, a defendant who was not present for his trial waived his statutory right to be there. As we noted in our prior post on… Read more
13. Due Process
State v. Gary Lee Wayerski, 2015AP1083-CR, District 3, 10/31/17 (not recommended for publication), petition for review granted 3/13/18, and modified, and afford as modified, 2019 WI 11; case activity (including briefs) Rejecting Wayerski’s argument to the contrary, the court of appeals holds that a police officer alleged to have sexually assaulted two teenage boys could… Read more
McCoy v. Louisiana, USSC No. 16-8255, cert granted 9/28/17 Question presented: Is it unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection? Decision below: State v. McCoy, 218 So.3d 535 (La. 2016) USSC Docket Scotusblog page (including links to cert petition and responses; briefs; and commentary) You’d think the answer… Read more
Some states say “no.” The Marshall Project just ran this article on the practice. For the Connecticut case mentioned in the article, click here… Read more
Jeremy Perri guests posts on State v. Adam M. Blackman, 2017 WI 77, 7/7/17, reversing a published court of appeals opinion, 2016 WI App 69, 371 Wis. 2d 635, 886 N.W.2d 94; case activity (including briefs) SCOW suppresses blood test, holding that the statutory Informing the Accused misrepresented the consequences of a refusal, the consent was… Read more
State v. Matthew Ray Taylor, 2016AP682-CR, District 1, 6/27/17 (not recommended for publication); case activity (including briefs) Taylor argues he should get a new trial based on newly discovered evidence and ineffective assistance of counsel. The court of appeals rejects his claims. Contreres, Bachman, and McClendon met up with two men to try to buy… Read more
Charles Turner, et al., v. United States, USSC Nos. 15-1503 & 15-1504, 2017 WL 2674152 (June 22, 2017), affirming Turner v. U.S., 116 A.3d 894 (D.C. App. 2015); Scotusblog page (including links to briefs and commentary) In granting cert in this case the Court told the parties to brief one issue: Whether the convictions of the… Read more
State v. Jesse T. Riemer, 2017 WI App 48; case activity (including briefs) In what appears to be the first case of its kind, the court of appeals addresses the standard for reviewing the sentence imposed on a member of the Wisconsin National Guard after he was convicted of various offenses. Concluding it should apply the same… Read more
