Recall that SCOTUS recently ordered the Solicitor General to file an amicus brief on the question of whether Loomis’ petition for writ of certiorari should be granted or denied. Here is the SG’s amicus brief. It argues that “the use of actuarial risk assessments raises novel constitutional questions that may merit this Court’s attention in… Read more
4. Improper factors
State v. Loomis has made the NYTimes again. See today’s article by Adam Liptak: Sent to Prison by Software’s Secret Algorithms… Read more
This week Wired ran an op-ed arguing that courts should stop using algorithms to set bail and sentence defendants until some ground rules are set. Yes, it discusses Compas and State v. Loomis. But beyond that it describes what could happen if courts move from using simple algorithms to using deep learning algorithms known as neural… Read more
Last summer, SCOW held that, if used properly, a circuit court’s consideration of a COMPAS risk assessment at sentencing does not violate due process. See State v. Loomis and our post. Loomis filed a petition for writ of certiorari which presents this question for review: State courts increasingly are relying on risk assessment instruments at… Read more
Buck v. Davis, USSC No. 15-8049, 2017 WL 685534 (February 22, 2017), reversing and remanding Buck v. Stephens, 623 Fed. Appx. 668 (5th Cir. 2015) (unpublished); Scotusblog page (including links to briefs and commentary) Buck was found guilty of capital murder. Under state law, the jury could impose a death sentence only if it found Buck was… Read more
State v. Charles J. Hartleben, 2016AP1066-CR, District 3, 2/14/17 (not recommended for publication); case activity (including briefs) A defendant is denied due process at sentencing where the author of his PSI is married to the DA who prosecuted him. State v. Suchocki. Ditto where a counselor who assessed the defendant for his PSI also treated his… Read more
United States v. Billy J. Robinson, Jr., 7th Circuit Court of Appeal Case No. 15-2019, 2016 WL 3947808, 7/22/16 A federal district judge’s sentencing comments “strayed so far from the record” that the Seventh Circuit Court of Appeals “cannot trace the (legitimate) reasons for Robinson’s sentence” and therefore Robinson is entitled to resentencing. Robinson was convicted… Read more
State v. Patrick H. Dalton, 2016AP6-CR,7/20/16, Distrct 2 (1-judge opinion; ineligible for publication); case activity (including briefs) The court of appeals here holds that Dalton is entitled to an evidentiary hearing on his claim that trial counsel was ineffective for failing move to suppress the test results from a warrantless blood draw. The record contains… Read more
