On Point blog, page 1 of 1
SCOW clarifies law regarding substitution of judges in civil cases
State v. Tavodess Matthews, 2021 WI 42, reversing a published court of appeals opinion, 2020 WI App 33, 5/14/21, case activity (including briefs)
Section 801.58(1) allows a party to a civil case to request a new judge if, among other things, he files a written substitution request before “the hearing of any preliminary contested matter.” Matthews’ case concerns a substitution request made after the circuit court granted a motion to adjourn a Chapter 980 probable cause hearing regarding sexually violent persons. But since Chapter 980 commitments are civil proceedings, this unanimous SCOW opinion, which reverses a published court of appeals’ opinion, is an important clarification of the law governing all civil cases.
SCOTUS: Illegal gun possession requires defendant’s knowledge of fact that makes it illegal
Rehaif v. United States, USSC No. 17-9560, 2019 WL 2552487, June 21, 2019, reversing 888 F.3d 1138 (11th Cir. 2018); Scotusblog page (includes links to briefs and commentary)
Federal law bans certain classes of people from possessing guns, and provides stiff penalties (up to ten years in prison if there are no enhancers) if they do. One of those classes consists of people who are aliens illegally in the country. Rehaif was illegally in the country and possessed firearms. The trial court instructed the jury that it could convict him only if he “knowingly” possessed a gun, but refused to instruct it that he also had to know he was illegally in the country. He was convicted, and the Court now holds this was error: the mens rea in the illegal gun possession statute applies both the the possession and to the status that makes the possession illegal.
Defense win: amendment to 980 discharge standard doesn’t authorize “weighing”
State v. David Hager, Jr., 2017 WI App 8, petition for review granted 5/15/17; reversed 4/19/18; case activity (including briefs)
This is the first (likely) published case to construe the 2013 amendments to the ch. 980 discharge petition standard. The court of appeals holds that while the legislature required a committed person seeking a discharge trial to meet a higher burden of production, it did not permit courts to deny a trial based on an assessment that the evidence as a whole favors the state.