by admin
on January 22, 2021
State v. Nhia Lee, 2021 WI App 12, case activity (including briefs)
This is an important decision for areas of Wisconsin where there is a shortage of defense lawyers. In 2018, when the private bar rate was $40, Lee was charged with felonies in Marathon County and then held for 101 days without counsel while the SPD contacted over 100 attorneys to take his case. Meanwhile, the circuit court repeatedly extended the 10-day deadline for holding a preliminary hearing. He finally got one 113 days after his initial appearance. In a decision recommended for publication, the court of appeals held that the circuit court failed to establish it had good cause to extend the 10-day deadline. It also sets forth factors circuit courts should consider in future cases involving delay in the appointment of counsel for a preliminary hearing. [continue reading…]
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by admin
on January 22, 2021
State v. Todd N. Triebold, 2021 WI App 13; case activity (including briefs)
Triebold was convicted of child sexual assault in Wisconsin and subject to lifetime sex offender registration. He moved to Minnesota and notified the Wisconsin DOC of his address. But he moved again and failed to notify either Wisconsin or Minnesota of his change in address. He was separately convicted of violating the sex offender registration laws of Minnesota and Wisconsin. This appeal concerns his challenges to his Wisconsin conviction. The court’s decision is recommended for publication. [continue reading…]
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by admin
on January 22, 2021
Outagamie Countyv. G.S., 2019AP1950, 1/20/21, District 3 (1-judge opinion, ineligible for publication); case activity
“George” called law enforcement claiming to be a federal authority who wanted to make a citizen’s arrest of some duck hunters. When a deputy arrived at the lake he saw George in a boat with 2 encased firearms about 100 yards from shore where a group of duck hunters were upset about George’s verbal encounter with them. George never pointed a gun at anyone. Based on this evidence, a doctor’s report, and substantial hearsay evidence, the circuit court committed Geoge under the 3rd standard of dangerousness, which requires a pattern of recent acts demonstrating a substantial probability that he would injure himself or others. [continue reading…]
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by admin
on January 22, 2021
State v. Christopher W. Yakich, 2019AP1832-CR & 2019AP1833-CR, District 4, 1/14/21 (not recommended for publication), petition for review granted, 6/16/21; affirmed, 2022 WI 8; case activity (including briefs)
A defendant who is found not guilty by reasons of mental disease or defect (NGI) of a crime may be committed under § 971.17 for the maximum term of confinement (for felonies under Truth-in-Sentencing II, § 971.17(1)(b)) or two-thirds the maximum term of imprisonment (for misdemeanors or pre-TIS II felonies, § 971.17(1)(a) and (d)). The court of appeals holds that if a defendant is found NGI for more than one offense, the maximum term of commitment is determined by adding together the maximum terms on each offense, as if they were consecutive. [continue reading…]
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by admin
on January 15, 2021
State v. General Grant Wilson, 2018AP183-CR, 1/12/21, District 1 (not recommended for publication); case activity (including briefs)
This marks the 3rd time the court of appeals has addressed Wilson’s case. In this appeal, the sole question is whether trial counsel provided ineffective assistance of counsel. The circuit court found deficient performance but not prejudice. Two judges, White and Blanchard affirm. Brash filed an 18-page dissent arguing that the cumulative effect of several deficiencies warrants a new trial. [continue reading…]
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by admin
on January 15, 2021
Click here to read Orrin Kerr’s analysis of a recent 4th Amendment case from the 5th Circuit. The government properly obtained a warrant to search for text, messages, call logs, and contacts on a cell phone, but not for evidence in the form of photos. Those were suppressed and the conviction overturned. Kerr argues that the 5th Circuit reached the right result for the wrong reason.
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by admin
on January 15, 2021
Just sharing a nice post from Above the Law about RBG.
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by admin
on January 14, 2021
Greer v. United States, No. 19-8709, cert. granted 1/11/21; SCOTUSblog page
Question presented:
Whether, when applying plain-error review based on an intervening United States Supreme Court decision, Rehaif v. United States, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity or public reputation of the trial.
[continue reading…]
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