On Point

United States v. Alvarez, USSC No. 11-210 (6/28/12), affirming 638 F.3d 666 (9th Cir. 2011). The Nation well knows that one of the costs of the First Amendment is that it protects the speech we detest as well as the speech we embrace.  Though few might find respondent’s statements anything but contemptible, his right to […]

Evan Miller v. Alabama, USSC No. 10-9646 / Kuntrell Jackson v. Hobbs, No. 10-9647, 6/25/12,  reversing 63 So. 3d 676 (Ala. Crim. App. 2010) The two 14-year-old offenders in these cases were convicted of murder and sentenced to life imprisonment without the possibility of parole. In neither case did the sentencing authority have any discretion to […]

State v. Jaredt E. Simonis, 2012 WI App 84 (recommended for publication); case activity Although Simonis was properly ordered pursuant to § 973.047 provide a DNA sample, the sentencing court erroneously exercised discretion in ordering him under § 973.046 to pay the associated costs. ¶1        The sole issue on appeal is whether the circuit court […]

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 69 (Justice Crooks); case activity; companion decision: 2012 WI 43 Justice Crooks declines to recuse himself (with respect to the pending misconduct complaint against Justice Prosser) under the Rule of Necessity, namely the possible loss of a quorum (4 justices) and thus […]

State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity Post-Sentencing Plea-Withdrawal, Generally  When a defendant satisfies the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right: ¶26  …  State v. Daley sets out the following list of circumstances where manifest […]

Question Presented Rule 52(b) of the Federal Rules of Criminal Procedure permits an appellate court to correct a trial court’s “plain error” despite the lack of an objection in the trial court. In Johnson v. United States, 520 U.S. 461 (1997), this Court held that, when the governing law on an issue is settled against […]

court of appeals publication orders, 6/27/12 On Point posts from this list: 2012 WI App 67 State v. Laurence W. Tucker 2012 WI App 68 State v. Andre L. Miller 2012 WI App 71 Karen Baker v. Department of Health Services 2012 WI App 72 David R. Turnpaugh v. State of Wisconsin Claims Board

David R. Turnpaugh v. State of Wisconsin Claims Board, 2012 WI App 72; case activity Turnpaugh, whose conviction for soliciting was overturned when the court of appeals concluded that it was unsupported by any evidence, State v. Turnpaugh, 2007 WI App 222, 305 Wis. 2d 722, 741 N.W.2d 488, petitioned for compensation on the basis of innocence, § 775.05. The Claims […]

State v. Kami L. Jennings, 2011AP2206-CR, District 2, 6/27/12 court of appeals decision (1-judge, ineligible for publication); case activity Evidence, introduced by the State, as to the defendant’s belief in reincarnation was inadmissible: ¶15      While the parties did not brief the issue, we hold that Jennings’ testimony should have been excluded as inadmissible character evidence under Wis. […]

Milwaukee Journal Sentinel v. City of Milwaukee, 2012 WI 65, on bypass; case activity ¶1   Once again this court is asked to interpret the Wisconsin Public Records Law, Wis. Stat. §§ 19.31-.39 (2009-10).[1]  The issue presented is whether an authority[2] may impose a fee on a requester of a public record for the actual, necessary, and direct costs incurred by […]