The 4th Amendment in SCOW: It’s not dead yet!

SCOWstats has been tracking how Wisconsin Supreme Court justices vote in 4th Amendment cases for years. Its last update was in 2017 when Justice Gableman was still on the court and Justices R.G. Bradley and Kelly had recently joined. Today SCOWstats posted another update through the end of the 2019 term, which included Justice Dallet. Surprise! […] Source: WI Public Defenders – On Point The 4th … Continue reading The 4th Amendment in SCOW: It’s not dead yet!

WEDC, industry leaders recognize statewide economic contributions of Wisconsin’s paper manufacturers

Events in four communities highlight public-private partnerships, new opportunities MADISON, WI. August 5, 2019–Officials from the Wisconsin Economic Development Corporation (WEDC) visited three paper plants and the University of Wisconsin-Stevens Point today to draw attention to the release of a new report showing the importance of the paper industry to the state’s economy. Drawing on national industry data, the study by the Wisconsin Institute for … Continue reading WEDC, industry leaders recognize statewide economic contributions of Wisconsin’s paper manufacturers

Pic of the Week: Junior Fellows Edition

Anthony Lowe of the University of Maryland, a Junior Fellow at the Center for the Book, explaining his work during this week’s display. The Library’s 2019 Junior Fellows Summer Internship Program showed off their most significant findings and research this week in a display that is the annual highlight of the 10-week program. This year, 40 graduate and undergraduate students worked across the Library’s divisions on … Continue reading Pic of the Week: Junior Fellows Edition

SCOW’s stats for the 2018-2019 term

SCOW watchers may be interested in SCOWstats’ 3 new posts on the 2018-2019 term.  The justices issued fewer fractured opinions, fewer separate opinions, and shorter opinions. With all of these efficiencies you might guess that they decided more cases. But the number of decisions actually dropped this term. Also, the data reveals the impact of […] Source: WI Public Defenders – On Point SCOW’s stats … Continue reading SCOW’s stats for the 2018-2019 term

Defense wins postconviction evidentiary hearing on impeachment of jury verdict

State v. Marwan Mahajni, 2017AP1184-CR, 6/27/19, District 1 (not recommended for publication); case activity (including briefs) Mahajni moved for a new trial because, during deliberations in his case, the bailiff told the jury that they could not deadlock. They had to reach a unanimous verdict of guilty or not guilty. The circuit court denied Mahajni’s […] Source: WI Public Defenders – On Point Defense wins … Continue reading Defense wins postconviction evidentiary hearing on impeachment of jury verdict

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

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

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

COA clarifies summary judgment procedure and the “continuing denial of visitation” grounds for TPR

Juneau County D.H.S. v. S.G.M., 2019AP553-556, 6/6/19, District 4 (1-judge opinion; ineligible for publication); case activity This appeal presents two issues of TPR law: (1) Whether a county must file an affidavit in support of its summary judgment motion; and (2) Whether Juneau County satisfied the requirement of §48.415(4)(a), which governs the “continuing denial of visitation.” […] Source: WI Public Defenders – On Point COA clarifies … Continue reading COA clarifies summary judgment procedure and the “continuing denial of visitation” grounds for TPR

The harmful consequences of pre-trial detention

Thanks to Margaret Johnson for highlighting this new article on the harmful effects of pre-trial detention. If you’re too poor to post bail you get detained. And people who get detained are more likely to get convicted, receive longer sentences and become involved in the criminal justice system. The article concludes with suggestions for better […] Source: WI Public Defenders – On Point The harmful … Continue reading The harmful consequences of pre-trial detention