State v. Ronald Lee Gilbert, 2019AP2182, 6/22/21, District 1 (not recommended for publication); case activity (including briefs)
When last we saw this sex-trafficking case, the court of appeals had reversed the trial court’s denial of a Machner hearing on three claims. They were that Gilbert’s trial counsel was ineffective for failing to: challenge the admission of incorrect cell site location information (CSLI) testimony; demand discovery before trial; and impeach the State’s star witnesses with prior inconsistent statements. The discovery claim went away based on the subsequent Machner hearing testimony, but the court of appeals now again reverses the circuit court’s holdings on the other two, and orders a new trial. [continue reading…]
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Lange v. California, USSC No. 20-18, 141 S.Ct. 2011, 6/23/21, vacating People v. Lange
Lange was playing loud music with his car windows down and honking his horn when he happened past a California highway patrol officer. The officer turned on his lights to pull Lange over, but Lange was close to home: he continued 100 feet and pulled into his garage. The officer entered the garage and ultimately arrested Lange for misdemeanor drunk driving. The California Court of Appeal held that “hot pursuit” is always an exigency: that is, it excuses an officer from needing a warrant to enter the home, even when the officer is pursuing someone suspected of a misdemeanor. This is the position our state supreme court has adopted as well. State v. Ferguson, 2009 WI 50, ¶¶20-30, 317 Wis. 2d 586, 767 N.W.2d 187. The Supreme Court now rejects this per se rule, holding that the usual “totality of the circumstances” test must govern whether warrantless intrusion of the home is justified. [continue reading…]
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State v. Anthony M. Schmidt, 2021 WI 65, 6/18/21, on bypass from the court of appeals; case activity (including briefs)
“We also conclude that the child pornography surcharge applies to images of child pornography that form the basis of read-in charges of sexual exploitation of a child or possession of child pornography, so long as those images of child pornography are connected to and brought into relation with the convicted individual’s offense of sexual exploitation of a child or possession of child pornography.” (¶61). What does it mean for images to be “brought into relation with” an offense? What kind of inquiry is it? Factual? Legal? We don’t know, the partial dissent doesn’t know, and as it observes, the majority seems also not to know, as they refrain from addressing any facts but the ones before them. The most reliable SCOW imperative–upholding criminal sanctions–seems once again to have made the “law development” function an afterthought. [continue reading…]
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Wood County DHS v. P.R., 2020AP947, 6/24/21, District 4 (one-judge decision; ineligible for publication); case activity
P.R. unsuccessfully challenges the sufficiency of the evidence for the CHIPS court’s decision to remove her daughter, K., from her home after K. alleged that P.R.’s spouse, M.R., sexually assaulted her. [continue reading…]
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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 prove that the defendant knew he was a felon at the time he possessed a firearm. Thus, they seek relief from their convictions under the onerous plain-error standard. The Court holds they have met their burden. [continue reading…]
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On June 30, 2021, the court of appeals ordered the publication of the following criminal law related decision:
State v. Alijouwon T. Watkins, 2021 WI App 37 (events that happen after trial can’t be basis for newly-discovered evidence claim)
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by admin
on June 30, 2021
Cheyne Monroe v. Chad Chase, 2021 WI 66, 6/22/21, on certification from the court of appeals and reversing a circuit court judgment; case activity (including briefs)
One of the elements of a claim for malicious prosecution is that the baseless prior action must have terminated in favor of the party asserting malicious prosecution. The supreme court holds this element may be met even when the party accused of malicious prosecution voluntarily dismissed the allegedly baseless proceeding before it was decided on the merits.
[continue reading…]
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by admin
on June 28, 2021
State v. Alan M. Johnson, 2021 WI 61, 6/16/21, affirming in part and reversing in part a published decision of the court of appeals; case activity (including briefs)
In a case presenting a highly unusual set of facts, the supreme court agrees with the court of appeals that Johnson is entitled to a new trial because the circuit court erred in refusing to instruct the jury on perfect self-defense. However, the supreme court reverses the court of appeals’ decision as to the admissibility of other-acts evidence relating to the victim. [continue reading…]
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