Categories
2019-20 Term 21. Habeas corpus 44. WI Supreme Court 6. State's defenses 8. Counsel, 6th Am. A. State b. Laches B. Opinions D. Ineffective Assistance Important Posts

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 Wren v. Richardson, 2017AP880-W, 2019 WI 110, affirming a court of appeals unpublished memorandum opinion; case activity (including briefs) Two weeks ago, we posted “SCOW holds defendants abandoned by counsel to same standards as licensed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 at 2nd grade level, abandoned by counsel, must research and apply law pro se

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1. Principles of 2. Waiver and reverse waiver 2019-20 Term 25. Juvenile proceedings 38. Statutes 44. WI Supreme Court A. Jurisdiction/competence B. Construction B. Delinquency proceedings B. Opinions e. Plain text f. Related statutes h. Singular and plural Important Posts

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 in any county means adult jurisdiction in every county

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2019-20 Term 34. Search & Seizure 44. WI Supreme Court 6. Act 79 B. Opinions C. Warrant unnecessary Important Posts

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 of first impression, SCOW upholds search pursuant to Act 79

Categories
1. Consent 2018-19 Term 3. Evidence 34. Search & Seizure 44. WI Supreme Court 6. Search incident to arrest 9. Crimes A. Expectation of privacy a. Scope b. Blood test B. Chs. 343-346: Traffic offense B. Opinions Blood Test Admissibility C. Warrant unnecessary D. Search incident to arrest Important Posts

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

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24. Jury 3. Batson issues 43. SCOTUS B. Opinions B. Selection process Important Posts OT 18

SCOTUS maintains Batson; DA’s history of striking black jurors matters

Flowers v. Mississippi, USSC No. 17-9572, 2019 WL 2552489, June 21, 2019, reversing Flowers v. State, 240 So. 3d 1082 (Miss. 2017); Scotusblog page (includes links to briefs and commentary) The Court reverses Curtis Flowers’ conviction and death sentence and orders a seventh new trial on the ground that the district attorney at his sixth trial […]
Source: WI Public Defenders – On Point
SCOTUS maintains Batson; DA’s history of striking black jurors matters

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3. Exigent circumstances 34. Search & Seizure 43. SCOTUS b. Blood Draw B. Opinions C. Warrant unnecessary Important Posts OT 18 Uncategorized

SCOTUS decides Mitchell v. Wisconsin–vacates judgment and remands case for a hearing!

Mitchell v. Wisconsin, No. 18-6210, 6/29/19, vacating and remanding State v. Mitchell, 2018 WI 84, Scotusblog page (including links to briefs and commentary) This is the decision we’ve all been waiting for on whether a blood draw from an unconscious OWI suspect requires a warrant. Wouldn’t you know–the opinion is splintered. Alito, writing for 4 justices […]
Source: WI Public Defenders – On Point
SCOTUS decides Mitchell v. Wisconsin–vacates judgment and remands case for a hearing!

Categories
1. Deficient performance 2. Prejudice 20. Guilty pleas 2018-19 Term 3. Before sentencing 44. WI Supreme Court 8. Counsel, 6th Am. b. Not found B. Opinions b. Prejudice not found D. Ineffective Assistance D. Plea withdrawal Important Posts Uncategorized

SCOW: professional misconduct warranting suspension does not demonstrate ineffective assistance of counsel

State v. Tyrus Lee Cooper, 2016AP375-CR, 6/20/19, affirming a per curiam court of appeals opinion, case activity (including briefs) Cooper moved for pre-sentencing plea withdrawal and filed an OLR grievance because his lawyer failed to provide him with discovery, contact witnesses, and communicate with him. Days before trial, his unprepared lawyer misled him about the […]
Source: WI Public Defenders – On Point
SCOW: professional misconduct warranting suspension does not demonstrate ineffective assistance of counsel

Categories
12. Double Jeopardy, 5th Am. 43. SCOTUS B. Opinions F. Successive prosecutions, Sec. 939.71 Important Posts OT 18

SCOTUS leaves dual-sovereignty doctrine intact

Terance Martez Gamble v. United States, USSC No. 17-646, 2019 WL 2493923, June 17, 2019, affirming United States v. Gamble, 694 Fed. Appx. 750 (11th Cir. 2017); Scotusblog page (includes links to briefs and commentary) Gamble challenged the validity of the “dual-sovereignty” doctrine, which holds that it doesn’t violate the Fifth Amendment’s Double Jeopardy Clause to convict […]
Source: WI Public Defenders – On Point
SCOTUS leaves dual-sovereignty doctrine intact

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43. SCOTUS B. Opinions OT 18

SCOTUS adopts broader ACCA definition of “remaining-in” burglary

Quarles v. United States, No. 17-778, 6/10/19, affirming United States v. Quarles, 850 F.3d 836 (6th Cir. 2017); Scotusblog page (including links to briefs and commentary) Quarles was convicted of home invasion in Michigan. When he was later charged with being a felon in possession of a firearm, that ealier conviction became one of the prior […]
Source: WI Public Defenders – On Point
SCOTUS adopts broader ACCA definition of “remaining-in” burglary

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13. Due Process 2018-19 Term 4. Competency for Trial, Appeal 44. WI Supreme Court B. Opinions C. Burden of proof D. Evidence Important Posts O. Substantive due process Uncategorized

Defense win! SCOW declares 971.14’s treatment to competency provisions unconstitutional

State v. Fitzgerald, 2018AP1296-CR, 2019 WI 69, 6/13/19 case activity Sell v. United States, 539 U.S. 166 (2003) held that a mentally ill  defendant has a constitutional right to avoid unwanted antipsychotic medication. The State can force it on him to restore his competency for trial only by proving the 4 “Sell factors.” Fitzgerald holds that §971.14 […]
Source: WI Public Defenders – On Point
Defense win! SCOW declares 971.14’s treatment to competency provisions unconstitutional