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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.

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State v. Anthony R. Pico, 2015AP1799-CR, 5/10/17, District 2 (not recommended for publication), petition for review granted 10/10/17, affirmed, 2018 WI 66; case activity (including briefs)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 was seeking audio from the defendant’s Amazon Echo to determine if it contained evidence about his culpability for a murder.

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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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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.

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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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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 sidebar of On Point‘s home page and press “Get Updates.”

Why the switch?

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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.  

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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.