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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 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.

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.

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State v. Anthony R. Pico, 2015AP1799-CR, 5/10/17, District 2 (not recommended for publication), petition for review granted 10/10/17, affirmed, 2018 WI 66; case activity (including briefs)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

“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 […]

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.

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.

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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.