On Point

Speaking of Padilla (see below), yesterday the 9th Circuit Court of Appeals held in Dimaya v. Lynch that “the definition of a ‘crime of violence’ – one of over thirty categories of convictions that constitute an ‘aggravated felony’ under federal immigration law – is unconstitutionally void for vagueness.” Click here to see the ImmigrationProf Blog post about the […]

This just in: “The Pressure Is On–Criminal Defense Counsel Strategies after Padilla v. Kentucky,” by Bill Ong Hing at the University of San Francisco Law School. When representing an immigrant defendant, trial counsel’s duties are now much more demanding than they were before Padilla. What qualifies as “competent” counsel in these circumstances? Click here for […]

If you are working on a COMPAS issue, you may be interested in a new research paper, “Risk Assessment in Criminal Sentencing,” from the University of Virginia School of Law.  Here is the abstract:

The Journal Sentinel is reporting that Justice Rebecca Bradley may participate in cases that were argued, but not decided, before Governor Walker appointed her to SCOW. Click here. She is studying the issue. Justice Geske and NYU law Professor Stephen Gillers see no problem with this idea. Bradley could just listen to oral argument transcripts and then vote.

La Crosse County HSD v. C.J.T., 2015AP252, District 4, 10/16/15 (one-judge decision; ineligible for publication); case activity

The fact that the County’s attorney handling this TPR proceeding retained the GAL in the case to represent the her in an unrelated personal injury matter didn’t create a conflict of interest that required a new trial.

SCOWstats has conducted a Politfact-style check on the concerns Justice Abrahamson raised in the order granting review of State v. Salinas. Her claims: (1) the number of cases on SCOW’s docket has dropped significantly; and (2) the number of per curiam court of appeals opinions on SCOW’s docket has jumped significantly.    Click here to gauge […]

Winnebago County v. B.C., 2015AP1192-FT, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity

Applying Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, the court of appeals holds the County proved B.C. was incompetent to refuse medication, § 51.61(1)(g)4.(intro.) and b., rejecting B.C.’s arguments that: 1) the record doesn’t document how and when he was advised of advantages, disadvantages, and alternatives to medication; and 2) the evidence doesn’t prove B.C. was incapable of making an informed choice about accepting or refusing medication.

City of Mequon v. Luke J. Chiarelli, 2015AP359, District 2, 10/14/15 (one-judge decision; ineligible for publication); case activity (including briefs)

There was reasonable suspicion to stop of Chiarell’s car based on two lane deviations during early morning hours and, based on observations the officer made after the stop, there was probable cause to arrest Chiarelli for OWI.

Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2014AP2536-FT, District 4/2, 10/14/15 (summary disposition; ineligible for publication, reversed, 2016 WI 100; case activity (including memo briefs)

While this decision is not citable, even for persuasive value, see Rule 809.23(3)(b), On Point thought it newsworthy enough to bring to our readers’ attention. Here’s the genesis of the case: Before the November 2014 election, the Democratic Party filed an open records request for videos of two training presentations made by Brad Schimel, the DA running for Attorney General. The Department of Justice denied the request, but a circuit judge ordered the videos to be released. The court of appeals affirms that order.

We couldn’t resist quoting the instantly classic, subtly punning first sentence of this AP report: “A former meerkat expert at London Zoo has been ordered to pay compensation to a monkey handler she attacked with a wine glass in a love spat over a llama-keeper.” The Guardian dispenses with the pun but has more details […]