Explore in-depth analysis
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.
Important posts
Ahead in SCOW
Sign up
Inside an immigrant detention center
Ever wonder what they are like? Check out this new report on two such centers in Georgia. Warning: Viewer discretion advised.
“Use of Risk Assessment at Sentencing: Implications for Research and Policy”
Such a popular topic! a new paper, by Jordan Hyatt of Drexel University, and Steven Chanenson of Villanova University School of Law, surveys judges and stakeholders across the nation. Read it here.
Number of people serving life sentences is at an all time high
Click here to The Sentencing Project’s new report, “Still Life: America’s Increasing Use of Life and Long-term Sentences.”
Restitution order upheld
State v. Jason Napiwocki, 2016AP1264-CR, 5/4/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court didn’t erroneously exercise its discretion when it issued a final restitution order that adopted the findings of fact and conclusions of law of the court commissioner who conducted the restitution hearing.
Insufficient allegation of prejudice dooms plea withdrawal claim
State v. Eugene B. Santiago, 2016AP1267, District 2, 5/3/17 (not recommended for publication); case activity (including state’s brief)
Santiago’s trial lawyer missed a charging error that led to an overstatement of the penalties Santiago faced; this failure doesn’t allow Santiago to withdraw his plea, however, because he fails to sufficiently allege that he would not have entered a plea if his lawyer had caught the mistake.
About your subscription to On Point . . .
Dear On Point fans: We just moved all On Point subscriptions to a new service called Mailchimp. If all went according to plan, you received an email blast from Mailchimp on the morning of May 3rd. If you did NOT receive that email blast, check your junk mail. If it’s not there, go to the […]
Court of appeals affirms TPR of dad who moved out of Wisconsin
State v. J.L.C., 2017AP197, 5/2/17, District 1 (1-judge opinion, ineligible for publication); case activity
J.L.C. argued that the circuit court erroneously terminated his parental rights to his son, K.C., because J.L.C. moved to Arizona, not because J.L.C. failed to provide a safe environment.
Federal judge voids Wisconsin law authorizing detention of pregnant women suspected of drug, alcohol abuse
Tamara M. Loertscher v. Eloise Anderson, et al., No. 14-cv-870-jdp (W.D. Wis. April 28, 2017)
Under § 48.193, which was created by 1997 Wisconsin Act 292, a juvenile court may treat an unborn child of any gestational age as a child in need of protection or services if the “expectant mother’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, [poses] a substantial risk” of harm to the unborn child. A federal judge has ruled the statute is void for vagueness.
Jeremy Perri Guest Posts: SCOW holds warnings not required before finding defendant has forfeited right to counsel
State v. Jack M. Suriano, 2017 WI 42, affirming an unpublished court of appeals opinion, 2015AP959-CR; case activity (including posts)
In Wisconsin, a defendant can lose his or her right to counsel in two ways: waiver and forfeiture. Waiver is voluntary and requires a colloquy with the defendant. Forfeiture does not.
Three different attorneys accepted State Public Defender (SPD) appointments to represent Jack Suriano. Each, in quick succession, withdrew from representation. After granting the third attorney’s motion to withdraw, the court found that Suriano had forfeited his right to counsel.
Chief Justice Roberts comments on courts’ use of artificial intelligence to decide cases
State v. Loomis has made the NYTimes again. See today’s article by Adam Liptak: Sent to Prison by Software’s Secret Algorithms.
On Point is sponsored by Wisconsin State Public Defenders. All content is subject to public disclosure. Comments are moderated. If you have questions about this blog, please email [email protected].
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.