On Point

State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs)

In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says.

Kindschy v. Aish, 2024 WI 27, 6/27/24, reversing a published court of appeals decision; case activity (including briefs)

SCOW finds injunction against abortion clinic protestor violated First Amendment.

Smith v. Arizona, USSC No. 22-899, 6/21/2024, vacating and remanding Arizona v. Smith, No. 1CA-CR 21-0451 (Ariz. Ct. App. 2022) (unreported); Scotusblog page (with links to briefs and commentary)

SCOTUS unanimously holds that expert witness testimony restating an absent lab analyst’s factual assertions to support his or her own opinion is hearsay. However, the Court declined to address the second part of the Confrontation Clause test, whether the underlying evidence was testimonial, as the issue was undeveloped in this case.

State v. B.W., 2024 WI 28, 6/27/24, affirming an unpublished court of appeals decision; case activity (including briefs)

In a closely-watched TPR appeal, SCOW issues a decision that leaves many open questions regarding the vexing “burden of proof” issue that has ensnarled lower courts.

State v. M.P., 2024AP32, 6/26/24, District II (one-judge decision; ineligible for publication); case activity

COA affirms circuit court’s order waiving M.P. into adult court based on M.P.’s age and seriousness of the offense.

Erlinger v. United States, USSC No. 23-370, June 21, 2024, vacating United States v. Erlinger, 77 F.4th 617 (7th Cir. 2023); Scotusblog page (with links to briefs and commentary)

Whether offenses committed on three “occasions different from one another” for purposes of federal Armed Career Criminal Act must be found by a jury beyond a reasonable doubt.

In the Matter of Proposed Rules Relating to Appellate Court Proceedings From Orders Entered Pursuant to Wis. Stat § 971.14 Regarding Pretrial Competency Rulings in Criminal Cases, Order Filed 5/2/2024; effective July 1, 2024.

In response to an increasing amount of appeals pertaining to competency, particularly of medication orders, SCOW approves a new appellate mechanism for appeals of orders (including medication orders) entered under § 971.14.

Douglas County v. K.A.D., 2023AP1072, petition for review of an unpublished court of appeals decision granted 6/17/24; case activity (including briefs)

In an interesting grant, SCOW agrees to review this freestanding appeal of an expired medication order.

Washington County v. T.R.Z., 2024AP21, District II, 6/19/24 (one-judge decision; ineligible for publication); case activity

Although “Tim’s” appeal presents several issues for review, COA dismisses the appeal as moot given the existence of an intervening Watts review.

United States of America v. Rahimi, USSC No. 22-915, 6/21/2024, reversing United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023); Scotusblog page (with links to briefs and commentary)

In a much-anticipated Second Amendment decision, SCOTUS tries to clarify its turbulent precedent regarding firearm restrictions and offers a limited holding upholding a federal statute disarming persons subject to domestic abuse restraining orders so long as specific statutory elements are met.