On Point

Kahler v. Kansas, USSC No. 18-6135, 2020 WL 1325817, 3/23/20, affirming State v. Kahler, 410 P.3d 105 (Kan. 2018); Scotusblog page (including links to briefs and commentary)

Kansas amended its insanity defense to limit to defendants whose mental illness prevents them from forming the required intent to commit a crime. A majority of the Supreme Court holds that does not violate due process.

Many thanks to Mike Tobin, retired Deputy State Public Defender and co-author of Wisconsin Criminal Practice and Procedure for today’s thoughtful and timely guest post:

Two main resources are available to assist attorneys in preparing for hearings conducted by video or telephone:

On March 25th, SCOW issued two new orders. One postponed the April and May bar admission ceremonies and authorized the admission of qualified applicants in absentia. The other authorized court reporters transcribing depositions to administer oaths via remote audio visual equipment.

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.

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.

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.

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

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.

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 specialists in health at correctional facilities attesting to the high risk of illness for incarcerated people. 

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.