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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.

SCOW splits 3-3 over when a defendant’s right to counsel attaches

State v. Nelson Garcia, Jr., 2019 WI 40, 4/19/19; case activity (including briefs) ASPD Pam Moorshead briefed this appeal and argued it to SCOW less than two weeks ago. The lead issue was whether the Sixth Amendment right to counsel attaches upon the finding of probable cause and setting of bail by a court commissioner. Justice […]

SCOTUS changes rules, reduces word limit for initial briefs

If you’re seeking review in SCOTUS, be advised that the court recently changed its rules. Read SCOTUSblog’s summary here, which links to the amendments.

Misdemeanor criminal justice

According to a new empirical study, the prosecution of misdemeanors varies widely from jurisdiction. And they disproportionately impact the poor and people of color. Read all about it here.

John Oliver stages a dramatic reading of Richard Sackler’s deposition

You know Sackler–the former chairman of Purdue-Pharma, maker of Oxycontin. You also know John Oliver, which means you probably want to want to see this dramatic reading of Sackler’s deposition!

The Strickland standard stinks

You don’t have to say that 3 times fast . . . or slow. We all know it’s true. Here is a study that confirms the point. While the article focuses on death penalty cases, its conclusions apply broadly. Want to challenge Strickland? This article is a place to start.

Prosecutorial overreach and mass incarceration

Here is The New Yorker’s review of Emily Bazelon’s new book, Charged, which looks at two cases where prosecutorial misconduct put 2 people through hell, why bail is hard to get, and why public defenders are often inadequate.

Reducing violent recidivism

MULS Professor Michael O’Hear has a new article out: Managing the Risk of Violent Recidivism: Lessons from Legal Responses to Sexual Offenses. See the abstract below, and click here for the article.

Court of appeals approves no-knock warrant; finds no Brady violation

State v. Robert Brian Spencer, 2017AP1722-CR, 4/16/19, District 1 (not recommended for publication); case activity (including briefs)

Spencer raised many issues on appeal: insufficient evidence to support his conviction, multiple ineffective assistance of counsel claims, and a Brady violation. This post focuses on the 2 most interesting claims: ineffective assistance for failure to move to suppress evidence obtain via a no-knock warrant and the DA’s failure to turn over evidence of an officer’s disciplinary history.

Arrests for possession of marijuana

In some parts of the country 40% of arrests stem from possession of marijuana. If you wonder how Wisconsin counties compare to others around the country, check out this article and map.

Google’s Sensorvault—coming to one of your cases someday, sooner or later

Today’s New York Times has this very interesting article (complete with some fancy digital demonstrations) about an enormous Google database employees call “Sensorvault,” which “turn[s] the business of tracking cellphone users’ locations into a digital dragnet for law enforcement.” It will not surprise you to learn that the use of the database may help crack cases […]

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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.