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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 to decide whether plea colloquy must address mode of commission of charged crime

State v. Shannon Olance Hendricks, 2015AP2429-CR, petition for review granted 5/15/17; review of an unpublished court of appeals decision; case activity (including briefs)

Issue (composed by On Point)

Do Wisconsin Statute § 971.08(1) and State v. Bangert require that a defendant entering a guilty plea to a crime with alternative modes of commission understand what the state needs to prove to meet its burden of proof on the mode (or modes) of commission the state has alleged?

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SCOW to address ineffective assistance of counsel and allowing client to appear in prison garb at Chapter 51 trial

Winnebago County v. J.M., 2016AP619, 5/15/17, granting a petition for review of  an unpublished court of appeals decision; case activity 
Issues:
Whether the subject of a §51.20(1)(a) extension of involuntary commitment and medication order has a claim for ineffective assistance of trial counsel where his lawyer fails to object to, prevent the admission of, or request a curative instruction to address, evidence of his prisoner status during his jury trial?
Whether the subject of a §51.20(1)(a) extension of involuntary commitment and medication order is entitled to a new trial in the interests of justice where the jury repeatedly sees and hears evidence of his prisoner status?
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SCOW to take up new ch. 980 discharge trial standard

State v. David Hager, 2015AP330, and State v. Howard Carter, 2015AP1311, petitions for review granted 5/15/17, reversed 4/19/18; review of published court of appeals decisions (Hager) (Carter); case activity (Hager) (Carter) (including briefs)

We’ve posted on these cases a few times. The first time was when the court of appeals certified them (together) to the supreme court. The supreme court refused that certification, so the court of appeals decided them (separately), as we discussed here and here.

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Defense wins on restitution, loses on evidentiary issues

State v. Shawn W. Forgue, 2016AP2414-CR, 5/11/17, District 4 (1-judge opinion; ineligible for publication); case activity (including briefs)

Forgue, convicted of misdemeanor battery and disorderly conduct, appealed the circuit court’s decision to exclude evidence of the victim’s prior violent conduct toward him (i.e. McMorris evidence) and her other bad acts. He also appealed an order setting restitution at $269.50 for the victim’s lost wages and $1,000 to the Crime Victim Compensation Program.

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Court of Appeals reverses circuit court’s finding that trial counsel was ineffective

State v. Anthony R. Pico, 2015AP1799-CR, 5/10/17, District 2 (not recommended for publication), petition for review granted 10/10/17, affirmed, 2018 WI 66; case activity (including briefs)

The circuit court granted Pico a new trial on a charge of first degree child sexual assault after concluding Pico’s trial lawyer was ineffective on various grounds. Over a dissent, the court of appeals reverses and reinstates Pico’s conviction.

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“Smart homes” and the Fourth Amendment

You’ve no doubt heard about digital devices from outfits like Nest or Amazon Echo or Google Home that allow you remotely to control your thermostat or your lights and blinds or take video of the goings-on in your yard or on your porch. Perhaps you’ve also heard about the case in Arkansas in which the prosecution […]

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A legal research tool that “mops the floor” with Westlaw and Lexis?

That’s what Judicata is saying about its new legal research service. It claims to be “mapping the legal genome.” Read more about it here.

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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.

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“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.

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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.”

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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.