On Point

State v. Larry J. Smith, 2016 WI App 8; case activity

Ordinarily, “the third time’s a charm.” But here, with its third decision rejecting a Daubert challenge to expert testimony, the court of appeals triple underscores just how flexible the test really is. The decision also addresses a vouching issue.

State v. David Aaron Piggue, Jr., 2016 WI App 13; case activity (including briefs)

Under State v. Floyd, 2000 WI 14, 232 Wis. 2d 767, ¶¶14-18, 25-27, 606 N.W.2d 155, a defendant is entitled to sentence credit for time in custody on charges that are dismissed and read-in for sentencing purposes. The court of appeals declines to extend Floyd to require credit for time the defendant was in custody on a charge for which he was acquitted, even though the acquitted conduct is used by a judge to fashion a sentence for a different crime.

Not revered. Reversed! Gannett Wisconsin does it again. Last week they gave us a a searchable database for comparing the sentences Wisconsin’s judges impose for certain types of crimes. Click here. This week they offer a searchable database for determining how often circuit court judges were reversed on appeal during 2010-2014. Click here for this […]

On a bypass petition; case activity (including briefs)

Issues (from the appellant’s brief):

Does a circuit court lack subject matter jurisdiction to enter an OWI 1st offense civil judgment if a defendant has a prior unknown out-of-state OWI conviction?

Question presented:

Whether the Sixth Amendment’s Speedy Trial Clause applies to the sentencing phase of a criminal prosecution, protecting a criminal defendant from inordinate delay in final disposition of his case.

UW Law Professor Cecilia Klingele just published “The Promises and Perils of Evidence-Based Corrections” in the Notre Dame Law Review. The article lays out the history of corrections reform, the emergence of evidence-based practices (including actuarial risk assessments), and cautions policymakers and practitioners about the potential for misuse of them. Click here to read the full […]

State v. L.C., 2015AP1460, District 1, 12/4/15 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in terminating L.C.’s rights to her child T.C. because, as required by § 48.426(3)(c) and State v. Margaret H., 2000 WI 42, 26, 234 Wis. 2d 606, 610 N.W.2d 475, the court considered whether T.C. had substantial relationships with his mother and siblings and whether severing those relationships would harm T.C.

State v. Glenn T. Zamzow, 2016 WI App 7, petition for review granted, 3/7/16, affirmed, 2017 WI 29; case activity (including briefs)

Relying on precedent predating Crawford v. Washington, 541 U.S. 36 (2004), two judges of the court of appeals hold that the Confrontation Clause does not apply to suppression hearings and that the circuit court could rely on hearsay evidence in denying Zamzow’s motion to suppress. The third judge on the panel dissents, arguing the majority’s conclusion “rests upon a shaky foundation” (¶20) and “continues [the] unfortunate legacy” of pre-Crawford Confrontation Clause jurisprudence (¶23).

State v. Thomas Treadway, 2015AP591, District 1, 12/1/15 (not recommended for publication); case activity (including briefs)

The evidence in the record is sufficient to support an order for involuntary medication under § 51.61(1)(g)4(intro.) and b.

State v. Davis Kevin Lewis, 2014AP2773-CR, District 1, 12/01/2015 (not recommended for publication); case activity (including briefs)

Lewis (whose first name is itself a matter of dispute, (¶1 n.2)) brings three challenges to his conviction after trial; all are rejected.