On Point

Sheboygan County v. J.L.H., 2016AP461, District 2, 11/9/16;(1-judge opinion, ineligible for publication); case activity

This case  raises an issue now pending in SCOW: what makes someone a “proper subject for treatment” under §51.20(1)? J.L.H. has schizophrenia, intermittent explosive disorder, and a mental disability. There is no dispute that he is mentally ill and dangerous to himself. The question is whether he is “proper subject for treatment” given that medication only controls his symptoms; it does not treat his illness.  According to the court of appeals . . .

Winnebago County v. J.M., 2016AP619, District 2, 11/9/16 (one-judge decision; ineligible for publication), petition for review granted 5/15/17, affirmed, 2018 WI 37; case activity

J.M.’s lawyer didn’t secure civilian clothes for him to wear at his ch. 51 recommitment hearing, so he appeared before the jury in his prison greens (sans the shackles, at least; and the stun belt wasn’t visible to the jury). The court of appeals rejects the claim J.M.’s lawyer was ineffective for failing to make a modest outlay at the local Goodwill to purchase J.M. an outfit without the negative stigmata and for failing to ask for a curative instruction.

City of Appleton v. Jacob Anthony Vandenberg, 2015AP2649, District 3, 11/8/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Because he entered a plea to OWI, first offense, Vandenberg forfeited his arguments that police lacked reasonable suspicion to stop him for operating while intoxicated or hit-and-run under § 346.69, and the court of appeals declines to disregard the guilty-plea-waiver rule.

Professors O’Hear and Wheelock surveyed over 800 registered voters in Wisconsin about their attitudes toward punishment, rehabilitation and reform. See how public attitudes toward sentencing vary by race, gender and political party affiliation here.

Here’s  an interesting new study on the consequences of courts imposing prison sentences that are much longer than a person’s natural lifespan.

Recent SCOWstats posts compared SCOW’s performance with the supreme courts of Minnesota and Iowa. This post extends the analysis to Michigan and Illinois. Find out where Wisconsin ranks when measured by productivity, opinion length, and polarization here.

Which are better: Involuntary Civil Commitment Courts or Mental Health Courts? This new article by New York University Law Professor Professor Michael Perlin compares and contrasts the two.

This one is for the appellate nerds out there. One way SCOTUS clears its docket is via Grant/Vacate/Remand orders. Empirical SCOTUS, a blog that crunches numbers on our highest court, has just examined which decisions precipitated large numbers of GVRs. If you’ve been following Johnson v. U.S., you definitely want to click here.

Seriously. Click here for the ABA’s resolution, which is aimed at celebrating the many positive contributions lawyers make to society, and click here for more on what’s in store for you today!

State v. Steven J. Schaefer, 2015AP2555-CR, District 3, 11/1/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Schaefer challenged evidence seized after he was arrested outside his home. He argued the arresting officer entered the curtilage of his home without a warrant. The court of appeals holds the area was not curtilage under the four-factor test established by United States v. Dunn, 480 U.S. 294 (1987).