On Point

Just sharing a nice post from Above the Law about RBG.

Greer v. United States, No. 19-8709, cert. granted 1/11/21; SCOTUSblog page

Question presented: 

Whether, when applying plain-error review based on an intervening United States Supreme Court decision, Rehaif v. United States, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity or public reputation of the trial.

United States v. Gary, No. 20-444, cert granted 1/8/21; SCOTUSblog page

Question presented:

Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.

United States v. Palomar-Santiago, No. 20-437, cert granted 1/8/21; SCOTUSblog page

Question presented:

Whether charges that a non-citizen illegally reentered the United States should be dismissed when the non-citizen’s removal was based on a misclassification of a prior conviction.

State v. Leevan Roundtree, 2012 WI 1, 1/7/21, affirming a per curiam court of appeals opinion, 2018AP594-CR; case activity (including briefs)

In 2003, Roundtree was convicted of multiple felony counts of failure to pay child support. Twelve years later, police executed a search warrant at his home and found a firearm and ammunition under his mattress. He pled guilty to one count of felon in possession. On appeal, he argued that §941.29(2)(2013-2014), which barred him from possessing a firearm, is unconstitutional as applied to his case. The statute has no time limit and draws no distinction between serious or violent felonies versus less serious felonies like failure to pay child support. In a 5-2 decision SCOW upheld the statute.

State v. J.T., 2020AP1151, 1/5/21, District 1 (1-judge opinion, ineligible for publication); case activity

E.W. was placed in foster care shortly after birth. Her dad, J.T., was incarcerated then. He remained so a year later when the State filed a TPR petition against him on the grounds that he failed to establish a substantial relationship with E.W. and failed to exercise significant responsibility for her. According to the State, J.T. failed to attend E.W.’s medical appointments and participate in decisions about her education. He pled no contest, and the circuit court terminated his parental rights.

State v. Savage, 2020 WI 93, 12/23/20, reversing a court of appeals opinion; case activity (including briefs).

Savage, who was homeless, claimed he received ineffective assistance of counsel when his lawyer failed to advise him that he had a defense under State v. Dinkins, 2012 WI 24, 339 Wis. 2d 78, 810 N.W.2d 787 before he pled guilty to violating the sex offender registry rule that he provide his address to the DOC. According to Savage and the court of appeals, Dinkins held that a homeless person is exempt from sex offender registration requirements.  In a unanimous opinion, SCOW reverses, holds that Dinkins did not establish that broad exemption, and thus counsel did not perform deficiently.

State v. Brian v. Rotolo, 2019AP2061-CR, petition for review granted 12/28/20; case activity

Issue presented (adapted from the petition for review):

In State v. Lonkoski, 2013 WI 30, ¶6, 346 Wis. 2d 523, 828 N.W.2d 552, SCOW held that the test for Fifth Amendment Miranda custody is whether “a reasonable person would not feel free to terminate the interview and leave the scene.” Does this test for determining Miranda custody also apply when police legally detain a suspect under Terry?

State v. Anthony M. Schmidt, 2020AP616-CR, petition for bypass granted 12/28/20; case activity

1. Does Wis. Stat. §973.042 (the child pornography surcharge statute) permit the circuit court to impose a child pornography surcharge for an offense that is “read in” for sentencing purposes?
2. Is the child pornography surcharge a punishment that must be explained during a plea colloquy? If so, was Schmidt entitled to a hearing on his claim that the plea colloquy was deficient in this case?

On December 23, 2020, the court of appeals ordered publication of the following criminal law related case: State v. Jack B. Gramza, 2020 WI App 81 (mandatory minimum for OWI trumps SAP early release requirement)