The annual supplement to the criminal jury instructions has been published. It includes new instructions and updates to existing instructions. A list is here. The new and updated instructions, along with all the other instructions, are available at the Wisconsin State Law Library’s website… Read more
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Waukesha County v. E.A.B., Jr., 2021AP986-FT, District 2, 9/8/21 (one-judge decision; ineligible for publication); case activity E.A.B. was first committed in 2008. At what would appear to be the 12th extension hearing, in 2020, it was extended again. E.A.B.’s challenges to the sufficiency of the evidence for that extension, and for the associated medication order… Read more
A new report (summarized here) from the Council on Criminal Justice digests some recent recidivism data is out, explaining, among other findings, that the return-to-prison rate has dropped, that rearrest rates remain high for people leaving prison, but that most of those rearrests are for public order offenses. Here‘s the whole thing. And a recent… Read more
Turns out ShotSpotter maybe ain’t all it’s cracked up to be, according to this article. (There’s a case pending in the state supreme court involving an investigatory stop based in part on a ShotSpotter alert; see here.) On the other hand, those small nifty cameras everywhere—on cell phones, doorbells, on police officers themselves—are putting paid… Read more
Our, shall we say, “mature” readers will no doubt recollect this case from benighted 1970s, while our younger readers may be hearing about it for the first time. It’s the infamous Bronfman kidnapping saga, with a new twist provided by the self-published memoir of the recently-deceased lawyer for Byrne, one of the two co-defendants. It’s… Read more
Jackson County v. T.A.L., 2021AP499, District 4, 8/5/21 (one-judge decision; ineligible for publication); case activity T.A.L.’s transfer from outpatient status to a locked inpatient unit based on his medical needs didn’t violate the requirements of § 51.35. A county may transfer a person under ch. 51 commitment to a more restrictive setting either on “reasonable medical… Read more
Greer v. United States, USSC No. 19-8709, together with United States v. Gary, USSC No. 20-444, June 14. 2021; Scotusblog pages for Greer and Gary (including links to briefs and commentary) These two federal felon-in-possession defendants were convicted before Rehaif v. United States, 588 U.S. ___ (2019), which held that, under 18 U.S.C. § 922(g), the government must… Read more
State v. Adam W. Vice, 2021 WI 63, 6/16/21, reversing a published decision of the court of appeals; case activity (including briefs) The circuit court and court of appeals held Vice’s post-polygraph confession was involuntary because the police officers interrogating him referred multiple times to Vice’s polygraph results (he failed), told him that proved he remembered… Read more
