On January 27, 2022, the court of appeals ordered the publication of the following criminal law related decision:
State v. Nakyta V.T. Chentis, 2022 WI App 4 (knowing possession of heroin could be imputed from needle tracks and paraphernalia possession)
The main issue in Waity v. Lemahieu, 2022 WI 6 (January 27, 2022), involves the legislature’s power to hire lawyers to deal with redistricting issues, but along the way a majority of the court addresses a matter of interest to all appellate and postconviction lawyers: the proper application of the standard for a circuit court to apply in deciding whether to issue a stay pending appeal. While seeking a stay in a criminal case is often a futile endeavor for the defense, what the court says here might be useful next time you consider doing so. [continue reading…]
Dunn County Human Services v. N.R., 2021AP129 & 2021AP1830, District 3, 1/28/22 (one-judge decision; in eligible for publication); case activity
The circuit court properly exercised its discretion in allowing the foster parent of N.R.’s children to testify at the grounds trial in N.R.’s TPR proceeding. [continue reading…]
State v. Octavia W. Dodson, 2022 WI 5, 2018AP1476, 1/26/22, affirming an unpublished per curiam court of appeals decision; case activity (including briefs)
Dodson pleaded guilty to second-degree homicide. He’d shot and killed Freeman, who he (apparently erroneously) believed had earlier rear-ended his car. Dodson had pursued Freeman’s car and Freeman pulled over. Dodson said Freeman had run at him shouting racial epithets; that’s when Dodson shot him. [continue reading…]
State v. O.G., 2021AP1642-CR, 1/25/22, District 1 (1-judge opinion; ineligible for publication; case activity
O.G. appealed a juvenile court order waiving him into adult court. He argued that the judge was objectively biased and requested a new waiver hearing before a different judge. His appendix included 3 affidavits alleging that during a break in the waiver hearing, the judge received a call about another child’s case, became upset, started swearing, and said he was “so done” and couldn’t “wait to get out of the juvenile system.” The judge showed a noticeable change in behavior. Then he waived O.G. into adult court. [continue reading…]
SCOWstats.com’s latest post looks at which justices joined or didn’t join other justices’ separate opinions from the 2016-17 term through the 2020-21 term. Sure, liberal justices usually joined the other liberals. Ditto for the conservatives. But this data point might come as a surprise: While Kelly joined separate opinions by Roggensack or Ziegler over 80% of the time, neither Roggensack nor Ziegler ever joined a separate opinion by Kelly.
State v. S.C.M., 2019AP430, 1/25/22, District 3 (1-judge opinion; ineligible for publication); case activity
A petition for writ of coram nobis must show that (1) a court of record contains a factual error that, if known, would have prevented the court from entering judgment, and (2) petitioners has no other remedy at law such as an appeal. See State ex rel. Patel v. State, 2012 WI App 117, ¶13, 344 Wis. 2d 405, 824 N.W.2d 862. These writs are rare. Defendants sometimes seeks them when they are out of custody and cannot bring a §974.06 motion. In this case, “Seth” petitioned one 10 years after the circuit court adjudicated him delinquent and sent him to Lincoln Hills. [continue reading…]
Many agree on the need for criminal justice reform for drug crimes. This new paper, forthcoming in the Cardozo Law Review, argues that reform is also needed for child pornography crimes–especially when it comes to sentencing. Might be worth skimming for ideas before heading into your next sentencing hearing.
