On Point

State v. DeAnthony K. Muldrow, 2017 WI App 47, petition for review granted 10/17/17, affirmed, 2018 WI 52; case activity (including briefs)

Muldrow tried to withdraw his plea to sexual assault charges because the circuit court did not advise him during the plea colloquy that his pleas would subject him to lifetime GPS monitoring under § 301.48. The court of appeals holds that lifetime GPS monitoring isn’t “punishment” and therefore the court wasn’t required to advise Muldrow that he’d be subject to the requirement as a consequence of his pleas.

Packingham v. North Carolina, USSC No. 15-1194, 2017 WL 2621313 (June 19, 2017); reversing State v. Packingham, 777 S.E.2d 738 (N.C. 2015); Scotusblog page (including links to briefs and commentary)

Lester Packingham was convicted for having sex with a 13 year old when he was 21, and was thus required to register as a sex offender for 30 years or more. Eight years later, having completed his sentence, Packingham posted on Facebook to celebrate the dismissal of a traffic ticket. He was charged with, and eventually pled to, a felony under a North Carolina law that prohibits those on the registry from accessing “a commercial social networking Web site” if they know the site allows children to sign up.

Brendan Dassey v. Michael A. Dittman, 7th Circuit Court of Appeals No. 16-3397, 2017 WL 2683893, 6/22/17, affirming Dassey v. Pittman, 201 F.Supp.3d 963 (E.D. Wis. 2016).

Over a dissent, the Seventh Circuit holds that the Wisconsin court of appeals unreasonably applied clearly established federal law when they decided that Brendan Dassey voluntarily confessed to being involved with Steven Avery in the murder of Teresa Halbach.

Charles Turner, et al., v. United States, USSC Nos. 15-1503 & 15-1504, 2017 WL 2674152 (June 22, 2017), affirming Turner v. U.S., 116 A.3d 894 (D.C. App. 2015); Scotusblog page (including links to briefs and commentary)

In granting cert in this case the Court told the parties to brief one issue: Whether the convictions of the petitioners must be set aside under Brady v. Maryland, 373 U.S. 83 (1963). We thought the case might be the occasion for the Court to say something important about Brady, but that didn’t happen. The Court simply says the issue before it “is legally simple but factually complex” (slip op. at 11), applies the Brady standard without alteration or elaboration, and concludes the convictions stand.

At its June 21 open rules conference the supreme court addressed pending Petition 17-06 regarding compensation for appointed attorneys. The state bar’s summary is here, while video of the conference is here, with the discussion beginning at about 15:20 into Part 1 of the session. You may want to enjoy this video while you can because it will be […]

State v. Angelo M. Reynolds, 2016AP420-CR, District 4, 6/22/17 (one-judge decision; ineligible for publication); case activity (including briefs)

Police had sufficient probable cause to request that Reynolds provide a preliminary breath test under § 343.303.

State v. Benjamin Schneller, 2016AP2474, 6/22/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Benjamin Schneller was arrested for OWI and refused to submit to a blood draw, so the police got a warrant and took the blood anyway. He argues on appeal that the warrant only authorized the police to draw his blood, and that a separate warrant was required for them to test it.

State v. Heather L. Steinhardt, 2017 WI 62, 6/21/17, affirming a per curiam court of appeals opinion; case activity (including briefs)

Steinhardt led her 12 year old daughter to her bedroom so that her husband (the child’s step father) could have sex with her. In fact, Steinhardt sat on the bed while the assault occurred. The majority holds that leading the daughter to the assault and sitting on the bed during the assault are 2 different acts supporting 3 different crimes and punishments. Justice Abrahamson (joined by A.W. Bradley) calls Steinhardt’s crimes “revolting and detestable” but insists the “constitutional guarantees against double jeopardy protect us all, even Heather Steinhardt.” Dissent ¶47.

State v. Lamont Donnell Sholar, 2016AP987, 6/20/17, District 1 (not recommended for publication), petition for review granted 10/17/17, affirmed, 2018 WI 53; case activity (including briefs)

Sholar was charged with 5 counts of sex trafficking and 1 count of sexual assault.  At trial, defense counsel allowed “Exhibit 79”–a 181-page report containing the contents of Sholar’s cell phone, including 1,4000 text messages and photos of girls and women in suggestive poses, to go to the jury. The State concedes that defense counsel  performed deficiently, but argued that Sholar was prejudiced only with respect to the sexual assault charge, not the sex trafficking charges. The court of appeals agreed.

State v. Tyshun DeMichael Young, 2016AP657-CR, 6/20/17, District 1; (not recommended for publication); case activity (including briefs)

A jury convicted Young of attempted 1st-degree intentional homicide and 1st degree recklessly-endangering safety with use of a dangerous weapon. On appeal, he argued that the trial court should not have permitted the jury to hear evidence that his younger brother was killed exactly one year prior to the date he allegedly shot the victims in this case.