On Point

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 impose a different punishment. State law mandated that each juvenile die in prison even if a judge or jury would have thought that his youth and its attendant characteristics,

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 properly exercised its discretion in ordering Jaredt Simonis to pay the DNA analysis surcharge pursuant to Wis.

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 loss of ability altogether to resolve the matter:

This matter——involving discipline of a sitting Supreme Court justice arising from incidents with sitting justices that were witnessed by other sitting justices——places this court in a difficult position.

State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity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the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right: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 injustice occurs:[6]

1.

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 the defendant at the time of trial but then changes in the defendant’s favor by the time of appeal,

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 Board denied the petition on two grounds: he had failed to prove his innocence;

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. Stat. § 904.04(1).  See State v.

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 the authority (including staff time) of deleting nondisclosable information included within the responsive records.

State v. Dimitrius Anagnos, 2012 WI 64, reversing 2011 WI App 118; case activity

OWI – Refusal Hearing – Authority to Litigate Constitutionality of Traffic Stop 

Constitutionality of the traffic stop  may be raised as a defense at a refusal hearing, § 343.305(9)(a)5.a.

¶29  In this case, the relevant portion of the statute is found in sub. (9)(a)5.a.  That subsection permits circuit courts to consider “[w]hether the officer had probable cause to believe the person was driving or operating a motor vehicle while under the influence of alcohol .