State v. Marcellous D. Tally-Clayborne, 2016AP1912-CR, District 1, 10/17/17 (one-judge decision; ineligible for publication); case activity (including briefs)
Tally-Clayborne challenges his carrying a concealed weapon conviction, arguing he was unlawfully stopped, detained and searched because police had no information suggesting he was involved in any illegal activity. The court of appeals holds both the stop and pat-down search were justified. [continue reading…]
Currier v. Virginia, USSC No. 16-1348, certiorari granted 10/16/17
Whether a defendant who consents to severance of multiple charges into sequential trials loses his right under the double jeopardy clause to the issue-preclusive effect of an acquittal.
Dahda v. United States, USSC No. 17-43, certiorari granted 10/16/17
Whether Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510–2520, requires suppression of evidence obtained pursuant to a wiretap order that is facially insufficient because the order exceeds the judge’s territorial jurisdiction.
United States v. Microsoft Corp., USSC No. 17-2, certiorari granted 10/16/17
Whether a United States provider of email services must comply with a probable-cause-based warrant issued under 18 U.S.C. § 2703 by making disclosure in the United States of electronic communications within that provider’s control, even if the provider has decided to store that material abroad.
Does your client’s chance of success on appeal depend on the crime he allegedly committed? On whether you challenge the sentence or the conviction? On whether you challenge a guilty plea, a suppression decision, or jury selection? On whether you file a reply brief? You may think the answers to these questions are obvious, but it turns out they aren’t. Click Criminal Appeals Revealed to read this new, national study on state court criminal appeals.
According to the latest edition of SCOWstats, the Wisconsin Supreme Court has been taking more 4th Amendment cases then ever. How are the justices voting? You might be surprised. Click here.
State v. Charles A. Page, 2017AP165-CR, District 4, 10/12/17 (one-judge decision; ineligible for publication); case activity (including briefs)
Page claims that the circuit court erred when it classified evidence he sought to introduce as “other acts” evidence and then excluded the evidence because Page hadn’t filed a timely pretrial motion to admit the evidence. He also contends the circuit court abandoned its role as a neutral magistrate in its questioning of Page at trial. The court of appeals rejects the claims. [continue reading…]
State v. Jamal L. Williams, 2017 WI App 46, cross petitions for review granted 10/10/17; case activity (including briefs)
Issues (composed by On Point)
1. Is the imposition of a single mandatory $250 DNA surcharge an ex post facto violation with respect to a defendant who committed his offense when the surcharge was discretionary and who previously had provided a DNA sample in another case?
2. Is Jamal Williams entitled to resentencing because the circuit court sentenced him based on an improper factor, namely, the fact that Williams refused to stipulate to restitution for which he was not legally responsible?
