State v. T.R.C., 2018AP820, 4/2/19, District 1 (1-judge opinion, eligible for publication); case activity
T.R.C. pled “no contest” to grounds for termination of her parental rights to D. On appeal she argued that her plea was not knowing, intelligent and voluntary, that her trial counsel was ineffective, and that the TPR order should be vacated in the interests of justice. The court of appeals affirmed. [continue reading…]
Kansas v. Glover, USSC No. 18-556, certiorari granted 4/1/19
Whether, for purposes of an investigative stop under the Fourth Amendment, it is reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle absent any information to the contrary.
State v. Corey R. Fugere, 2019 WI 33, 3/28/19, affirming a published court of appeals decision; case activity (including briefs)
Pretend you’re a defendant trying to decide whether to enter a plea. You know that maximum term of imprisonment you face. You also know that pleading NGI is one of your options. However, the circuit court doesn’t tell you (or perhaps misinforms you) about the nature and length of the commitment that will follow from pleading NGI. How can you make a knowing, intelligent, and voluntary NGI plea if you don’t know the consequences of it? [continue reading…]
On March 27, 2019, the court of appeals ordered the publication of the following criminal law related cases:
Timothy W. Miller v. Angela L. Carroll, 2019 WI App 10 (judge’s acceptance of litigant’s Facebook “friend” request created appearance of bias)
State v. Kelly James Kloss, 2019 WI App 13 (Defense win on soliciting reckless injury versus soliciting recklessly endangering safety)
State v. Simon E. Jeninga, 2019 WI App 14 (defendant must testify to prove that, but for counsel’s advice to plead, he would have gone to trial)
State v. Caleb J. Hawley, 2018AP1601-CR, District 4, 3/28/19 (one-judge decision; ineligible for publication); case activity (including briefs)
The judge who sentenced Hawley after revocation of probation stayed the sentence and ordered it to start some 14 months down the road, when Hawley would finished serving the 18 months of conditional jail time ordered in a different case. That stay was illegal, and the remedy is resentencing—not, as Hawley argues, credit for the time he was in custody since the day of his sentencing after revocation. [continue reading…]
Winnebago County v. C.S., 2019 WI App 16, petition for review granted, 8/19/19; case activity
C.S., a mentally ill prisoner committed pursuant to §51.20(1)(ar), challenged the constitutionality of §51.61(1)(g) on its face and as applied because it allowed the government to medicate him against his will without finding him dangerous first. In a published decision, the court of appeals upholds the statute. [continue reading…]
State v. Faith A. Parafiniuk, 2018AP1956, District 2, 3/27/19 (one-judge decision; ineligible for publication); case activity (including briefs)
The stop of Parafiniuk’s car was supported by reasonable suspicion and the officer had sufficient reason to extend the stop to administer field sobriety tests. [continue reading…]
State v. Casey M. Fisher, 2017AP868, District 1, 3/26/19 (not recommended for publication); case activity (including briefs)
Fisher’s § 974.06 postconviction motion clears the hurdle erected by State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), but fails on the merits. [continue reading…]
