SCOW: Defendants at 2nd grade level, abandoned by counsel, must research and apply law pro se

State ex rel. Wren v. Richardson, 2017AP880-W, 2019 WI 110, affirming a court of appeals unpublished memorandum opinion; case activity (including briefs) Two weeks ago, we posted “SCOW holds defendants abandoned by counsel to same standards as licensed lawyers,” calling State v. Pope “the most absurd decision this term (still time for worse).” Behold an […] Source: WI Public Defenders – On Point SCOW: Defendants … Continue reading SCOW: Defendants at 2nd grade level, abandoned by counsel, must research and apply law pro se

SCOW: waiver in any county means adult jurisdiction in every county

State v. Matthew Hinkle, 2019 WI 96, 11/12/19, affirming a published court of appeals decision, 2017AP1416, case activity (including briefs) We’ve posted on this case twice before, first on the published court of appeals decision and then on the supreme court’s grant of the petition for review. The question is easily posed: the statute says […] Source: WI Public Defenders – On Point SCOW: waiver … Continue reading SCOW: waiver in any county means adult jurisdiction in every county

In case of first impression, SCOW upholds search pursuant to Act 79

State v. Roy S. Anderson, 2019 WI 97, affirming a per curiam court of appeals decision, 11/15/19; case activity (including briefs) Act 79 permits law enforcement to search a person on probation, parole or extended supervision based on reasonable suspicion (not probable cause) that the person, is is about to, or has committed a violation […] Source: WI Public Defenders – On Point In case … Continue reading In case of first impression, SCOW upholds search pursuant to Act 79

SCOW to review erroneous exclusion of defense DNA evidence

State v. David Gutierrez, 2017AP2364-CR, petition for review of a published court of appeals decision granted 11/13/19; case activity (including briefs) Issue (based on the State’s Petition for Review): 1. Did the court of appeals violate the standard of appellate review of trial court evidentiary rulings by holding the trial court erred in deciding to exclude […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to review erroneous exclusion of defense DNA evidence

SCOW will address confusion created by Starks

State ex rel. Milton Eugene Warren v. Michael Meisner, 2019AP567-W, petition for review granted 10/16/19; case activity Issue (composed by On Point based on the petition for review) Whether under State v. Starks, 2013 WI 69, Warren’s § 974.06 postconviction motion alleging ineffective assistance of counsel by the lawyer appointed on direct appeal should be […] Source: WI Public Defenders – On Point SCOW will … Continue reading SCOW will address confusion created by Starks

SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

State v. Courtney C. Brown, 2017AP774, petition for review granted 10/15/19 case activity (including links to briefs) Issues (petition for review) Whether police unlawfully extended a noncriminal traffic stop beyond its initial purpose? As explained in our post on the court of appeals’ decision, an officer stopped Brown’s car, noticed he wasn’t wearing a seat belt, […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to review extension of traffic stop case where Judge Reilly invoked Dred Scott

SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights

State v. Ulanda M. Green, 2018AP1350-CR, petition for review granted 9/3/19; case activity (including briefs) Issues: Whether law enforcement’s “dialogue” with Green amounted to an “interrogation” that should have been preceded by a Miranda warning? Whether Green invoked her right to remain silent when law enforcement asked her if she would like to make a […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to address interrogations and equivocal/unequivocal assertions of Miranda rights

SCOW to address mootness, the due process right interpreters, and other Chapter 51 issues

Waukesha County v. J.J.H., 2018AP168, petition for review granted 9/3/19, case activity Issues:  Whether the mootness doctrine should apply to an appeal from a commitment order? Whether the circuit court violated due process when it held a Chapter 51 probable cause hearing and ordered a 30-day commitment/temporary guardianship/protective placement under §51.67 without providing J.J.H., who is […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to address mootness, the due process right interpreters, and other Chapter 51 issues

SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

Langlade County v. D.J.W., 2018AP145-FT, petition for review granted 7/10/19; case activity Issue:  A doctor opined that David (a pseudonym) is unable to care for himself, and therefore dangerous under Wis. Stat. § 51.20(1)(am), because he lost employment and relies on the assistance of the government and his family for income and housing. As a […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

SCOW: Driver can’t revoke consent to test of validly drawn blood sample

State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to a blood draw cannot prevent the testing of the blood sample for alcohol or drugs by […] Source: WI Public Defenders – On Point SCOW: Driver … Continue reading SCOW: Driver can’t revoke consent to test of validly drawn blood sample