by admin
on October 8, 2017
M.R.B. v. S.S., 2017AP1217-1219, 10/5/17, District 4 (1-judge opinion, ineligible for publication); case activity
This slim opinion delivers hard blows to a father resisting the termination of his parental rights. They concern circuit court competency, a request for a continuance, and the sufficiency of evidence in determining whether termination was in the best interests of his children. The court of appeals’ reasoning on the last point supplies fodder for a petition for review. [continue reading…]
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by admin
on October 8, 2017
State v. Dustin M. Sherman, 2016AP2225, 10/5/17, District 4, (1-judge opinion, ineligible for publication); case activity (including briefs)
Sherman argued that police lacked reasonable suspicion to conduct the traffic stop that led to his refusal to submit to a blood alcohol test. The officer stopped him for a violation of the statute requiring a tail lamp to emit a red light plainly visible from a distance of 500 feet to the rear. §347.13(1). When asked how close he had to get before he could see Sherman’s tail lamp, the officer said “I couldn’t tell you but it was less than 500 feet.” [continue reading…]
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by admin
on October 4, 2017
State v. Michael J. Mansfield, 2016AP2423-CR, 10/3/17, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)
Mansfield argued police didn’t have reasonable suspicion to detain him based on a tip from an anonymous Turtle Lake Casino employee. The court of appeals holds the tipster should be treated as a citizen informant and, under the standard for citizen informants, the tip provided reasonable suspicion. [continue reading…]
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by admin
on October 4, 2017
State v. Jeffrey S. Roehling, 2016AP35-CR, District 3, 10/3/17, (not recommended for publication), case activity (including briefs)
Haven’t seen defense win in awhile–especially not regarding postconviction procedure. The court of appeals first rejects the State’s contention that a defendant who fails to request an extension of the 60-day deadline for a circuit court to decide a postconviction motion forfeits his grounds for challenging the decision. Next it holds that Roehling’s posctconviction motion alleged facts sufficient to warrant a hearing on his ineffective assistance of counsel claim. That makes this decision a “win win.” [continue reading…]
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by admin
on October 2, 2017
At last week’s “long conference” the Supreme Court denied petitions for certiorari in two potentially significant cases dealing with sex offenders. [continue reading…]
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by admin
on October 2, 2017
Or can you? Yesterday’s NYT Magazine featured an in-depth article on what happens to a people after they plead not guilty by reason of insanity. If you like horror stories, click here. The author says that in 2015 he began seeking data on length-of-stay and legal status for people who have been institutionalized in every state via Freedom of Information Act requests. Wisconsin replied that it didn’t have that information. Are we complying with the law? Who knows.
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by admin
on October 1, 2017
Collins v. Virginia, USSC No. 16-1027, cert granted 9/28/17; lower court opinion; USSC docket; SCOTUSblog page
Question presented: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the house.
[continue reading…]
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by admin
on October 1, 2017
Byrd v. United States, USSC No. 2016-1371, cert granted 9/28/17; 3rd Circuit’s opinion; docket; SCOTUSblog page
Question presented:
A police officer may not conduct a suspicionless and warrantless search of a car if the driver has a reasonable expectation of privacy in the car–i.e., an expectation of privacy that society accepts as reasonable. Does a driver have a reasonable expectation of privacy in a rental car when he has the renter’s permission to drive the car but is not listed as an authorized driver on the rental agreement.
[continue reading…]
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