On Point: Important Posts

State v. Brian R. Corvino, 2016 WI App 52; case activity (including briefs)

This decision examines § 967.055(2)(a), which requires the State to apply to the circuit court before amending an OWI charge. The court of appeals found that amending the charge here would be inconsistent with the public policy of deterring drunk-driving and held that the circuit court had the inherent authority to order the State to file an Information charging Corvino’s 4th OWI as a felony.

State v. Richard J. Sulla, 2016 WI 46, 6/14/16, reversing an unpublished per curiam court of appeals decision; case activity (including briefs)

Sulla entered a plea agreement requiring him to plead “no contest” to two counts and the State to dismiss and “read in” two other counts for purposes of sentencing and restitution. But after he was sentenced to 20 years of imprisonment, Sulla moved for plea withdrawal arguing that he was misinformed of, and did not understand, the effect that a read-in charge could have at sentencing. The circuit court denied the motion without a hearing. Don’t be fooled. SCOW’s decision here affects more than plea withdrawal. It changes appellate procedure.

State v. Julie C. Phillips, 2015AP927-CR, 6/14/16, District III (one-judge decision; ineligible for publication); case activity (including briefs)

The court of appeals rejects the state’s attempt to parlay a single fact–a strong smell of unburned marijuana emanating from a house–into exigent circumstances justifying a warrantless search.

State v. Robert Lavern Cameron, 2016 WI App 54; case activity (including briefs)

This decision feels like an encounter with a swarm of mosquitoes on a pleasant summer evening. But because it is recommended for publication, you can’t just swat it away. Indeed, the court of appeals’ analysis of the issues will leave you reaching for a bottle of the calamine lotion.

State v. Salinas, 2016 WI 44, 5/26/2016, reversing an unpublished per curiam court of appeals decision; case activity (including briefs)

In which our so-called law-developing court does not develop the law of joinder under § 971.12(1)—and even leaves it less clear than it used to be.

State v. Stephen LeMere, 2016 WI 41, 05/12/2016,  affirming an unpublished court of appeals decision, case activity (including briefs)

In State v. LeMere, the Wisconsin Supreme Court held that the Sixth Amendment does not require defense counsel to advise a client that conviction for a pending charge of sexual assault could result in future commitment proceedings under chapter 980. The case could be appropriate for certiorari review in the U.S. Supreme Court regarding the scope of the right to counsel.

Foster v. Chatman, USSC No. 14-8349, 2016 WL 2945233 (May 23, 2016); reversing an unpublished order of the Supreme Court of Georgia; Scotusblog page (includes links to briefs and commentary)

Timothy Foster, who is black, was convicted of murder and sentenced to death by an all-white jury. Long after his conviction, his attorneys obtained documents from the prosecutors’ files showing their heavy reliance on race in deciding which jurors to strike. Seven of the eight justices now side with Foster and reverse the state courts’ rejection of his habeas claim under Batson v. Kentucky, 476 U.S. 79 (1986).

State v. Keith A. Wiedmeyer, 2016 WI App 46; case activity (including briefs)

In an impressive of feat of judicial activism, the court of appeals here rewrites §343.305(5)(d) and (6)(a) and defies precedent to achieve its desired outcome: the admission of statutorily invalid blood test results at OWI trials. On Point looks forward to SCOW’s take on this published court of appeals decision.

Betterman v. Montana, USSC No. 14-1457 (May 19, 2016), affirming State v. Betterman, 342 P.3d 971 (Mont. 2015); SCOTUSblog page (includes links to briefs and commentary)

Brandon Betterman pled guilty to bail jumping, and then spent 14 months in jail before he was finally sentenced. He appealed, contending that the lengthy delay violated his Sixth Amendment right to a speedy trial. The Montana Supreme Court determined that the Sixth Amendment does not guarantee a speedy sentencing, and SCOTUS now agrees.

State v. Bradley L. Kilgore, 2016 WI App 47; case activity (including briefs)

The execution of the search warrant at Kilgore’s home started with a heavily armed officers, including a SWAT team, entering and putting Kilgore down on the floor at gunpoint; but once the home was “cleared” and weapons were secured and the SWAT team left, Kilgore was not in custody for Miranda purposes. Thus, the statements he made to police while they searched his home were admissible despite the lack of a Miranda warning.