On Point

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.

UPDATE to our previous post.

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.

As reported here, effective Monday, March 23, the Department of Corrections has imposed a “moratorium” on prisoner intake for DOC’s prisons and juvenile detention facilities, with the exception of “essential transfers” (which is not defined). The DOC memo is here. That means defendants sentenced to prison will, for now, be kept in the county jail instead of being transferred to Dodge. Internal transfers of DOC prisoners in county jail under a contract with DOC are also suspended.

State v. Ahmed Farah Hirsi, 2018AP1696-CR, District 3, 3/17/20 (UNCITABLE PER CURIAM DECISION); case activity (including briefs)

This is a per curiam decision, so it may NOT be cited in any court of this state as precedent or authority, § 809.23(3)(a) and (b). But we’re bringing it to your attention because the issues may be of interest to trial lawyers and because it is a rare, if not mythical, beast—a reversal for plain error because the testimony of a state’s witness violated State v. Haseltine, 120 Wis. 2d 92, 352 N.W.2d 673 (Ct. App. 1984).

“Complete chaos is the new normal.” In this USA Today article, experts discuss how the the coronavirus is affecting the nation’s criminal justice system.

The Green Bay Press Gazette reports that someone who’s been “in and around the courthouse” has tested positive for the novel coronavirus. This has resulted in the indefinite closing of both the courthouse and the DA’s office. Outagamie County is asking those who’ve practiced in the Brown County Courthouse within the past 10 days not to appear in Outagamie.

Instead of 90 days, petitioners now have 150 days  from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing to file their petition for write of certiorari. This relaxed deadline will remain in place indefinitely. SCOTUS has modified other rules too. Read the full order here.

UPDATE: Scotusblog notes that, for civil cert petitions (which include habeas corpus cases and mental commitments) the 150 days runs into the maximum statutory deadline allowable.

This was bound to happen. A Waupun prison employee has tested positive of COVID-19, which puts our clients incarcerated there at risk. Read more here.  Meanwhile the ACLU is calling for the DOC to release some prisoners to guard against the rapid spread of the disease. Read more on that here.

This change will not apply to people who have committed crimes or who pose a threat to public safety. And ICE says it will not carry out enforcement operation near health care facilities because it wants people to seek care. Read more on the Immigration Professors blog here.