On Point

Courtesy of Garrett Epps, writing at The Atlantic, “A Citizen’s Guide to SCOTUS Live”: America’s typical amusements—March Madness, the NBA playoffs, Major League Baseball Opening Day, the U.S. Open, the Masters—have suddenly disappeared. Just in time, though, a new Big League debuts tomorrow [May 4], offering a welcome spectacle of bare-knuckle combat, vicious competition, taunts, […]

State v. Phyllis M. Schwersenska, 2018AP1619-CR, District 4, 4/30/20 (not recommended for publication); case activity (including briefs)

Schwersenska was convicted of embezzling money from a joint bank account she held with her daughter, H.R. The court of appeals holds trial counsel wasn’t ineffective for failing to raise the defense that, as joint owner of the account, none of the money in the account belonged solely to H.R. and so she can’t be guilty of theft from H.R.

Langlade County v. D.J.W., 2020 WI 41, reversing an unpublished court of appeals opinion, 4/24/20; case activity

Wisconsin’s involuntary commitment rate is higher than that of any other state–by a long shot. According to a report for the Substance Abuse and Mental Health Services, the annual commitment rate among states ranges from 0.23 to 43.8 per 1,000 adults with serious mental illness. The average is 9.4 per 1,000, with Wisconsin at 43.8. SCOW’s decision in this case can reduce the number of fait accompli commitment hearings–but only if defense lawyers invoke it and trial courts take it seriously.

Ramos v. Louisiana, USSC No. 18-5924, 2020 WL 1906545, 4/20/20, reversing State v. Ramos, 231 So. 3d 44 (La. Ct. Apps. 2017); Scotusblog page (including links to briefs and commentary)

The holding in this case has no relevance to Wisconsin practitioners, or indeed anyone outside of Louisiana or Oregon–the only two jurisdictions permitting 10-2 guilty verdicts in criminal trials. The Sixth Amendment requires unanimity in federal trials, and our state supreme court has long held the Wisconsin Constitution confers the same right. See Holland v. State, 91 Wis. 2d 134, 138, 280 N.W.2d 288 (1979). So if you’re interested only in the impact on your practice, there is none, and you can stop reading now.

United States v. Dustin Caya, 7th Circuit Court of Appeals No. 19-2469, 4/16/20

Caya was on extended supervision. Police developed reasonable suspicion to search his home, and duly did so under § 302.113(7r), which was created by 2013 Wisconsin Act 79. Caya argues that statute violates the Fourth Amendment. The Seventh Circuit rejects the claim.

State v. Quaid Q. Belk, 2019AP982-CR, District 1, 4/21/20 (not recommended for publication); case activity (including briefs)

Belk moved for a new trial based on multiple allegations of ineffective assistance of trial counsel. The circuit court denied the motion without a hearing, but the court of appeals sends the case back for a hearing on one of the claims.

State v. Brandin L. McConochie, 2019AP2149-CR, District 2, 4/22/20 (1-judge opinion, ineligible for publication); case activity (including briefs)

McConochie pulled his vehicle alongside Amish buggies and exposed his genitals to the occupants within. He pled no contest to 3 counts of lewd and lascivious behavior as a repeater. As a condition of probation, the court banished him a delineated area where Amish live. McConochie argued that banishment violated his constitutional right to travel.

State v. Mister N.P. Bratchett, 2018AP2305-CR, 4/22/20, District 1 (not recommended for publication); case activity

Bratchett was convicted of mutilating a corpse under §940.11(1), which requires proof that: (1) the defendant mutilated a corpse, and (2) he did so with intent to conceal a crime. On appeal, Bratchett argued that there was insufficient evidence to support the second element. Part of the problem was that State never specified the crime to be concealed.

State v. Wyatt William Kontny, 2020 WI App 30; case activity (including briefs)

You’d think all the sentence credit issues would’ve been settled by now, but it’s not so! This case settles two of them.

State v. Katelyn Marie Leach, 2019AP1830-CR, 4/16/20, District 4, (1-judge opinion, ineligible for publication; case activity (including briefs)

Leach pled “no contest” to 2nd offense operating a motor vehicle with a restricted substance. She  moved to suppress evidence that she gave an officer after he told her that (a) if she only had paraphernalia or a small amount of marijuana she would just receive a municipal citation, and (b) he was going to search her regardless.