On Point

Foley & Lardner has examined the extraordinary turn over in Wisconsin’s court of appeals judges over the last 10 years.  When Judge Higgenbotham retires, only 2 courts of appeals judges will have more than 10 years experience. Click here for Foley’s post. Looks like 6 of the 16 court of appeals’ judges (including Judge Dugan, Judge Curley’s replacement) were appointed by our current governor.

State v. David Robert Brown, 2016AP83-CR, 12/14/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

David Brown was arrested for OWI; the breathalyzer that he took about two hours later showed a .11 BAC. At trial he adduced expert testimony that, given what Brown told the expert he had drunk and when, his BAC would have been .078, just below the legal limit, at the time he was driving. He objects on due process grounds to the court’s instructing the jury, in accord with Wis JI-Criminal 2669, that it could find he was driving under the influence on the basis of the BAC reading alone.

Orin Kerr has been tracking cases about the 5th Amendment limits of forced decryption on his blog, the Volokh Conspiracy.  An important case on this issue has been argued and awaits a decision in the 3rd Circuit. Meanwhile, yesterday Kerr blogged about State v. Stahl, a new Florida cases that he thinks got the analysis right. Read Kerr’s post here.

State v. David H. Ninnemann, 2016AP1294-CR, 12/14/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs)

David Ninnemann appeals from sentencing after revocation of his probation. He challenges the length of his jail sentences and the court’s order that he register as a sex offender, but the court of appeals upholds both of the trial court’s discretionary decisions.

E.C. v. Susan Krueger, 2015AP2196, 12/13/16, District 1 (not recommended for publication); case activity

E.C., an elderly woman with Alzheimer’s, planned for her future while she was still competent. She named her son, G.C., as her power of attorney for finances and health care. After she became incompetent, her family began fighting about her care. Krueger, E.C.’s daughter, filed a Ch. 54 guardianship proceeding. The issue in this case is whether Chapter 54 can trump a person’s advance planning.

State v. George W. Mallum, III, 2016AP765-CR, District 1, 12/13/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Mallum was convicted of two counts of disorderly conduct arising out of a single incident, but because the charges were not identical in fact the convictions are not multiplicitous.

Lawrence Shaw v. United States, USSC No. 15-5991, 2016 WL 7182235 (December 12, 2016), vacating and remanding United States v. Shaw, 781 F.3d 1130 (9th Cir. 2015); Scotusblog page (including links to briefs and commentary)

A unanimous Supreme Court holds that to be found guilty of bank fraud under 18 U.S.C. § 1344(1), which prohibits “knowingly execut[ing] a scheme … to defraud a financial institution” does not require proof the defendant intended that the financial institution—rather than, say, one of its depositors—be the principal victim of the fraud.

Introducing Immi.org–an online platform to help immigrants in the United States understand their legal options, find legal help, and protect their future. Try Immi in English or Spanish here.

The American Bar Association has some gift suggestions for the lawyer on your shopping list. For the overwhelmed, exhausted lawyer, the Ostrich Pillow forms an excellent barrier to the outside world, enabling a desktop power nap. Or how about a crystal ball so your lawyer can provide the most requested client service? Maybe your lawyer would like Mug Shots–shot glasses bearing the images and rap sheets of America’s famous Prohibition-era criminals. 

How has your judge previously ruled on the type of motion you want to file? Who is the most influential judge on the 7th Circuit measured by citations? Ravel’ says its new court analytic empowers lawyers across the country to make data-driven decisions in their cases. Click here.

According to Ravel’s website, it covers Wisconsin state courts and offer a free 7-day trial. 🙂 Click here.