On Point

McCoy v. Louisiana, USSC No. 16-8255, cert granted 9/28/17

Question presented:

Is it unconstitutional for defense counsel to concede an accused’s guilt over the accused’s express objection?

City of Hays, Kansas v. Vogt, USSC No. 16-1495, cert granted 9/28/17

Question presented:

Whether the Fifth Amendment is violated when statements are used at a probable cause hearing but not at a criminal trial.

Rosales-Mireles v. United States, USSC No. 16-9493, cert granted 9/28/17

Question presented:

In United States v. Olano, this Court held that, under the fourth prong of plain error review, “[t]he Court of Appeals should correct a plain forfeited error affecting substantial rights if the error ‘seriously affect[s] the fairness, integrity, or public reputation of judicial proceedings.” 507 U.S. 725, 736 (1993). To meet that standard, is it necessary, as the Fifth Circuit Court of Appeals required, that the error be one that “would shock the conscience of the common man, serve as a powerful indictment against our system of justice, or seriously call into question the competence or integrity of the district judge?”

Read this new opinion from the District of Columbia Court of Appeals.  It reversed a trial court decision to strike a potential juror for cause because she expressed a belief that the criminal justice system is biased against black men. According to the court of appeals, our justice system is biased, and jurors having this belief will likely try harder to be fair. Consider the possibilities for your next voir dire.

Know a pro se litigant in need of good, free lawyer? You might refer them to Judge Richard Posner. Seriously. Click here for more details.

State v. Adam M. Zamora, 2016AP1923-CR, District 2, 9/27/17 (not recommended for publication); case activity (including briefs)

The circuit court properly exercised its discretion in determining that an expert witness called to testify about child sexual assault victim reporting behaviors met the so-called Daubert standard codified in § 907.02(1).

On September 27, 2017, the court of appeals ordered the publication of the following criminal law related decisions:

State v. Julio Cesar Pacheco Arias, 2017AP228-CR, 9/26/17, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)

In 2015, Pacheco-Arias was charged with 2 separate OWI offenses just weeks apart. Because he had 2 prior OWI convictions, both of the 2015 OWIs were charged as a misdemeanor OWI-3rd offenses. Under the law in effect in 2015, if the earlier charge resulted in a conviction, the later charge would, by operation of law, become a felony OWI offense. See §346.63(1)(a), §346.65(2)(am)3 (2015-2016).  As you might guess, the defendant wanted the later charge resolved first in order to avoid a felony conviction. 

Today SCOWstats published more data on the Wisconsin Supreme Court. What a difference 34 years has made. In the 1983-84 term, the court issued 118 decisions. In the 2016-2017 term it issued 51 decisions, a bit more than the 43 decisions issued in the 2015-2016 term.

State v. Sarah Ann Wallk, 2017AP61, Distirct 1, 9/26/17 (one-judge decision; ineligible for publication); case activity (including briefs)

The court of appeals rejects Wallk’s claim that there was insufficient reasonable suspicion to detain her for field sobriety tests after she was stopped for speeding.