On Point blog, page 1 of 1
Eastern District grants writ of habeas corpus, holds that SCOW unreasonably applied SCOTUS precedents in missing transcripts case
Robert James Pope , Jr. v. Warden Paul Kemper, 21-CV-0346 (E.D. Wis. 9/1/23).
In a satisfying–and long-delayed–defense win, Judge Ludwig of the Eastern District acknowledges that when a prisoner, previously abandoned by counsel, is then forced to appeal his conviction without having transcripts made available to him, that procedure violates “clearly established” US Constitutional law.
COA creates exception to deadline for holding ch. 51 probable cause hearings
Jefferson County v. S.M.S., 2020AP814, 3/11/21, District 4 (1-judge opinion, ineligible for publication); case activity
It is blackletter law that the probable cause hearing for a Chapter 51 commitment must be held within a statutorily-prescribed time from the subject individual’s detention or the circuit court must dismiss the proceeding for lack of competency to adjudicate it. See §51.20(7)(a) and Dodge Cnty. v. Ryan E.M., 2002 WI App 71, ¶5, 252 Wis. 2d 490, 642 N.W.2d 592. In this case, the court of appeals held that the Ryan E.M. rule did not apply because the individual’s conduct (he was pro se) made it necessary for the circuit court to adjourn the probable cause hearing beyond the 72-hour period expired.