State v. K.L.G., 2019AP658, District 1, 6/16/20 (1-judge opinion, ineligible for publication); case activity
What a bummer. K.L.G. moved to suppress an officer’s identification of him made after she looked up his booking photo from a previous incidence. The circuit court granted the motion and dismissed. The State appealed, and the court of appeals reverses. [continue reading…]
State v. Michelle Greenwood, 2019AP248, 6/9/20, District 3 (one-judge decision; ineligible for publication) case activity (including briefs)
Greenwood was pulled over for going 81 when the speed limit was 70. The officer testified her eyes were glassy and bloodshot and that her pupils were quite dilated, and did not constrict quickly when he shined his flashlight on them. Per the court of appeals, this was good enough to continue to detain her after the speeding was addressed in order to investigate suspected marijuana intoxication. [continue reading…]
State ex rel. Milton Eugene Warren v. Michael Meisner, 2020 WI 55, 6/11/20, reversing and remanding an unpublished order of the court of appeals, 2019AP567; case activity (including briefs)
Seven years ago, the supreme court decided State v. Starks, 2013 WI 69, 349 Wis. 2d 274, 833 N.W.2d 146. That opinion contained a couple of erroneous statements about the procedure for raising claims that postconviction counsel was ineffective. Both parties moved for reconsideration of these statements, which the court inexplicably denied more than a year later. Now with this decision, the court unanimously cleans up the misstatements in Starks, and gives the defendant his day in court. [continue reading…]
State v. Duanne D. Townsend, 2019AP787, 6/9/20, District 1 (not recommended for publication); case activity (including briefs)
Good news: the court of appeals reversed a circuit court decision denying Townsend’s §974.06 motion without a hearing. Townsend now gets a one on his claims for ineffective assistance of postconviction and trial counsel. Bad news: the court of appeals botched the issue of whether Townsend was denied his 6th Amendment right to determine his own defense under McCoy v. Louisiana, 138 S Ct. 1500 (2018). As noted in our post on McCoy, SCOW needs to square that decision with Wisconsin case law. [continue reading…]
A group of researchers wanted to find out whether, using brain-imaging technology and AI, they could examine human brain activities and distinguish between an intentional and a reckless state of mind. Given that criminal law punishes defendants more harshly for acting with intent, it’s a good thing the answered turned out to be “yes.” The paper will be published soon in the University of Pennsylvania Law Review, but you can read it here.
If you handle Chapter 980 cases, you make like this new paper on sexually violent predator laws. It argues that our nation’s SVP laws are a “miserable failure” and that foreign SVP laws based on international human rights law are more effective.
Due to COVID-19 courts have been considering large scale prison releases, but usually only for people convicted of nonviolent crimes. Are fears of violent crime recidivism warranted? What does it say about our justice system when we release some inmates but leave others is prisons with large COVID outbreaks? If you’re working on a motion for release this new study published in the Notre Dame Law Review my be helpful.
More news on how courts are adapting, or attempting to adapt, to the coronavirus pandemic, and how it’s working, or not working: [continue reading…]
