by admin
on April 30, 2021
State v. Teresa L. Clark, 2020AP1058-CR, bypass granted 4/27/21; case activity
Issue: (adapted from State’s COA brief):
When the State uses a prior OWI conviction to enhance the charge and sentence for a subsequent OWI offense, a defendant may collaterally attack the prior conviction. If the defendant proves that her right to counsel was violated in the prior case, the conviction may not be used to enhance the charge and sentence in the new case. Does the burden shift to the State when there is no transcript available to show that the circuit court violated the defendant’s right to counsel?
[continue reading…]
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by admin
on April 30, 2021
On April 28, 2021, the court of appeals ordered publication of the following criminal law related decisions:
State v. Patrick A. Keller, 2021 WI App 22 (Confrontation Clause doesn’t apply to statements of mandatory child abuse reporter)
State v. Markell Hogan, 2021 WI App 24 (cop can testify as human trafficking expert)
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by admin
on April 30, 2021
State v. Blong Simba Vang, 2021 WI App 28; case activity (including briefs)
The search of Vang’s car, which was parked on school property, was reasonable under the less stringent standard for searches of students established in New Jersey v. T.L.O., 469 U.S. 324 (1985), even though Vang wasn’t a student at the school. [continue reading…]
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by admin
on April 30, 2021
State v. B.W.R., 2020AP1726, District 2, 4/28/21 (one-judge decision; ineligible for publication); case activity
The odor of marijuana gave police probable cause to believe evidence of a drug crime would be found in B.W.R.’s home and the odor plus the occupants’ awareness the police were knocking gave the police reason to conclude the evidence would be destroyed if they took time to get a warrant.
[continue reading…]
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by admin
on April 29, 2021
State v. C.G., 2018AP2205, review granted 4/27/21; case activity
Issues presented:
Does Wis. Stat. § 301.45, the statute governing juvenile sex offender registration, unconstitutionally infringe on Ella’s First Amendment right to freedom of speech by preventing her from legally changing her name to reflect her gender identity?
Does requiring Ella to register under Wis. Stat. § 301.45 amount to cruel and unusual punishment in violation of the Eighth Amendment? [continue reading…]
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by admin
on April 29, 2021
State v. Daniel J. Van Linn, 2019AP1317, review granted 4/27/21; case activity (including briefs)
Issue presented:
After Daniel Van Linn was arrested on suspicion of drunk driving, a sheriff’s deputy ordered his blood drawn for testing. This draw was illegal, and the circuit court excluded its fruit. After the suppression decision, the prosecutor applied for a subpoena to the hospital where Mr. Van Linn had been treated; the application included the results of the first, suppressed blood test. The court issued the subpoena and the hospital turned over evidence including the results of the blood alcohol test it had conducted. Was the state’s decision to seek this subpoena the fruit of its earlier, unlawful search, such that its results should have been suppressed?
[continue reading…]
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by admin
on April 27, 2021
Jones v. Mississippi, USSC No. 18-1259, 2021 WL 1566605, April 22, 2021; Scotusblog page (including links to briefs and commentary)
“In a case involving [sentencing] an individual who was under 18 when he or she committed a homicide [to life without parole], a State’s discretionary sentencing system is both constitutionally necessary and constitutionally sufficient.” (Slip op. at 5) (emphasis added). [continue reading…]
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by admin
on April 27, 2021
New York State Rifle & Pistol Association, Inc. v. Corlett, USSC No. 20-843, Cert. granted 4/26/2021; Scotusblog page (containing links to briefs and commentary)
Question presented:
Whether the state of New York’s denial of petitioners’ applications for concealed-carry licenses for self-defense violated the Second Amendment.
[continue reading…]
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