On Point blog, page 50 of 81
SCOW to address process for expulsion from treatment court
State v. Michael A. Keister, 2017AP1618-CR, state’s petition for review granted 9/4/2018; case activity (including briefs)
Issues (based on the state’s petition for review )
- Does a person have a fundamental liberty interest in participation in a treatment court funded by the state and county when he or she is charged with an offense involving violent conduct as defined in § 165.95(1)(a) (2015-16)?
- Does § 165.95 (2015-16), the statute creating DOJ’s grant funding for treatment courts, violate procedural due process because it does not procedures for treatment courts to follow in expelling a participant?
Court of Appeals rejects constitutional challenges to ban on posting or publishing private pictures, felon in possession statute
State v. Norris W. Culver, 2018 WI App 55; case activity (including briefs)
Wisconsin Stat. § 942.09(3m)(a)2. prohibits a person from posting or publishing “private representations” without the consent of the person depicted in the representation. The court of appeals rejects Culver’s claim that the statute is void because it’s overbroad and vague. The court also rejects his claim that the felon-in-possession statute is unconstitutional as applied to him because of the non-violent nature of his prior felony conviction.
Defendant consented to search and had no expectation of privacy in files put on P2P file sharing network
State v. Ronald Lee Baric, 2018 WI App 63; case activity (including briefs)
Police failed to read Baric his Miranda rights, but the court of appeals still found that he consented to a search of his computer. It also resolved a 4th Amendment issue of first impression for Wisconsin: a person has no reasonable expectation of privacy in files he offers for download on a P2P file sharing network.
SCOW to address whether each structure listed in burglary statute is an “element”
United States v. Dennis Franklin & Shane Salm, 2018AP1346-CQ, certification granted 8/15/18; case activity
The Seventh Circuit certified the following question of law to the Wisconsin Supreme Court:
Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10(1m)(a)–(f), identify alternative elements of burglary, one of which a jury must unanimously find beyond a reasonable doubt to convict, or whether they identify alternative means of committing burglary,
SCOW to review personal jurisdiction and default judgments in Chapter 51 cases
Waukesha County v. S.L.L., 2017AP1468, petition for review of memorandum opinion granted 8/15/18; case activity
Issues (from court of appeals opinion):
Whether the circuit court has personal jurisdiction to recommit a person under Chapter 51 when the County concedes that it has been unable to serve her with the petition for recommitment?
Whether a circuit court has authority to enter a default judgment against the subject of a Chapter 51 petition for recommitment?
Whether “examining” physician reports recommending involuntary commitment and medication prepared physicians who never actually examined the subject are sufficient to support a Chapter 51 commitment?
Innocence project notches win on writ of coram nobis
State v. Sammy Joseph Hadaway, 2018 WI App 59; case activity (including briefs)
Hadaway pleaded guilty to an armed robbery more than 20 years ago. Based, in part, on Hadaway’s testimony, his purported accomplice, Ott, was tried and convicted of first-degree intentional homicide–the victim of the crime was sexually assaulted and murdered.
July 2018 publication list
On July 25, 2018, the court of appeals ordered the publication of the following criminal law related decisions:
State v. Theoris Raphel Stewart, 2018 WI App 41 (identity theft statute, § 943.203, applied to defendant’s forgery of documents he submitted at sentencing hearing)
Drazen Markovic v. Jon E. Litscher, 2018 WI App 44 (DOC may collect restitution from an inmate even after expiration of sentence to which restitution order was connected)
Seventh Circuit asks SCOW whether each mentioned structure in Wisconsin burglary statute is an “element”
United States v. Dennis Franklin and Shane Sahm, vacating panel decision, (884 F.3d 331 (2018)) granting rehearing, and certifying a question to the Wisconsin Supreme Court; question answered, 2019 WI 64
This doesn’t happen every day! The Seventh Circuit has issued an opinion certifying a criminal law question to the Wisconsin Supreme Court:
Whether the different location subsections of the Wisconsin burglary statute, Wis. Stat. § 943.10(1m)(a)–(f), identify alternative elements of burglary, one of which a jury must unanimously find beyond a reasonable doubt to convict, or whether they identify alternative means of committing burglary, for which a unanimous finding beyond a reasonable doubt is not necessary to convict?
ACLU news: Wisconsin sheriff policies on immigration don’t satisfy constitution; racial profiling lawsuit settled
The ACLU just released a report called “Fixing Wisconsin Sheriff Policies on Immigration Enforcement.” Among other things, it found that 24 Wisconsin counties have policies that allow or encourage the detention of immigrants for being undocumented or entering the country legally and then overstaying a visa. Without a warrant, this violates the constitution. Another 29 counties have no policies at all. What’s your county’s policy? Click here for the press release and here for the report.
Plea hearing courts don’t have to inform defendants about the mandatory DNA surcharge
State v. Arthur Allen Freiboth, 2018 WI App 46; case activity (including briefs)
In light of the Wisconsin Supreme Court’s May 2018 decisions in State v. Muldrow, 2018 WI 52, 381 Wis. 2d 492, 912 N.W.2d 74, and State v. Williams, 2018 WI 59, 381 Wis. 2d 661, 912 N.W.2d 373, the court of appeals now holds: