Explore in-depth analysis

On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.

Lawyer’s deficient response to TPR summary judgment motion wasn’t prejudicial

S.L.H. v. J.J.D., 2019AP1554, District 2, 3/25/20 (one-judge decision; ineligible for publication); case activity

The lawyer representing J.J.D. (“John”) in his TPR proceeding failed to mount a sufficient defense to the summary judgment motion brought by S.L.H. (“Sarah”). But that deficient performance didn’t prejudice John. The evidence the lawyer failed to present wasn’t enough to raise a genuine issue of material fact, so summary judgment would have been granted anyway.

NACDL is seeking volunteers–lawyers, social workers, and medical professionals–to help seek compassionate release for federal prisoners

The National Association of Criminal Defense Lawyers is looking for volunteers to work on motions for compassionate release under the federal First Step Act. Interested folks can find more information and a sign-up form here.

Mass incarceration: the whole pie

Many are calling for the release of prisoners due to the pandemic.  That makes the Prison Policy Initiative’s new graphics showing who is being held in our jails and prisons and why very timely. Take a look at them here.

Appellate arguments by video conference?

The Ninth Circuit Court of Appeals is doing it. Maybe it will be the new trend. Click here to see what one is like.

Information for TPR attorneys

The Marshall Project is tracking the disruption of the foster care system and family visitation during the pandemic. Attorneys involved in TPR can read about the problem here.  Also, Wisconsin courts have drafted FAQs regarding timelines under Chapter 48.  Read them here.

Sample motions for release or modification of bail and supporting affidavits

On Point is constantly updating the “resources for defenders during the pandemic” on its homepage. We’ve recently added: (1) a Motion for Modification of Bail requesting a client’s release due to her health condition and the pandemic; (2) a Motion for Stay of Sentence due to the pandemic; and (3) six affidavits from epidemiologists and […]

Columbia Correctional Institution is the second Wisconsin prison with a confirmed COVID-19 case

WKOW and several other outlets are reporting that an employee of Columbia Correctional in Portage has tested positive and been directed to self-quarantine. This is the second confirmed case in Wisconsin; an employee at Waupun tested positive on March 18.

How the restrictions placed on Wisconsin courts compare to those of other state courts

Some of you have asked whether other states have suspended jury trials due to the COVID-19 pandemic. The answer is “yes.” The National Center for State Courts is tracking the emergency measures being imposed by courts all around the country.  See its state-by-state round-up here.

Certiorari petitioners beware; that new 150-day deadline is likely very, very firm

UPDATE to our previous post.

Resources for defenders during the pandemic

On Point is posting resources to assist defense lawyers during the pandemic. The list will remain here at the top of the blog so you can find it easily.  Help your colleagues and clients. Alert us to new information through email or the comment section, and we will add it. Also, we’ll be working to share useful information and updates on our Facebook and Twitter feeds; click the links to visit and subscribe.

On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].

On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.