We recently published a post on the court of appeals decision in State v. Hoyle, No. 2020AP1876-CR, which ordered a new trial for a defendant convicted of child sexual assault (and was recommended for publication). The court held that the state violated Hoyle’s Fifth Amendment right to remain silent at trial with its repeated arguments during… Read more
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Under 42 U.S.C. §1983, our clients may file a claim for damages arising from a violation of their constitutional rights during the criminal justice process. For example, maybe the State violated their 4th Amendment rights or engaged in malicious prosecution. This week, SCOTUS issued a decision clarifying that in order to bring such a claim… Read more
City of Rhinelander v. Zachary Tyler LaFave-LaCrosse, 2020AP1466-1467, 4/5/22, District 3 (1-judge appeal, ineligible for publication); case activity (including briefs) This case needs a motion for reconsideration. LaFave-LaCrosse, an unemployed student, appealed convictions for OWI 1st and refusal to take a breath test and moved the circuit court for waiver of transcript fees due to… Read more
State v. Daimon Von Jackson, Jr., 2019AP2383, petition for review of granted 3/21/22; dismissed as improvidently granted 5/8/23; case activity (including briefs) Issues (from Von Jackson’s PFR): 1. Whether a defendant is prejudiced when trial counsel does not communicate with him before his homicide trial. 2. Whether a defendant should be allowed to… Read more
Jackson County DHHS v. K.M.G., 2021AP2159, 3/17/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs) Shortly after birth, V.J.T. was placed with a foster mom, a cousin of V.J.T.’s biological mother. Meanwhile, K.M.G., (the biological father) and T.T. (a biological grandfather) remained involved with V.J.T. The grandfather even wanted to be the… Read more
State v. Michael Nelson, 2021AP1133-CR, 3/9/22, District 2 (1-judge opinion, ineligible for publication); case activity Nelson, who values his right to bear arms, pled guilty to several crimes, including disorderly conduct and domestic violence. As a condition of his probation, he was barred from possessing firearms. Postconviction, he claimed that his trial lawyer incorrectly advised… Read more
This week’s edition of SCOWstats focuses on judicial activism as seen in the justices’ votes on petitions for original actions. Typically it is conservative justices who call liberal justices “judicial activists.” SCOWstats’s analysis of original action petitions filed in 2020-2021 suggests that it is conservative justices who want to dispense with procedure in order to… Read more
And for something a little different, here’s a story about a naked lawyer in Florida… Read more
