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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.

Parole: Mootness Doctrine, rel. to Deferment – Review of Deferment, Risk-Determination

Harlan Richards v. Graham, 2011 WI App 100(recommended for publication); for Richards: Kendall W. Harrison, Jennifer L. Gregor; case activity

Mootness Doctrine

Challenge to Parole Commission decision to increase deferment period from 10 to 12 months, and to Program Review Committee decision to increase security status, not rendered moot by subsequent parole and program hearings.

¶11      An issue is moot when a party seeks a determination that will have no practical effect on an existing legal controversy. 

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Appellate Procedure, Mootness Doctrine: Repetition-Review Doctrine; Right to Counsel, Civil Proceeding: Doesn’t Automatically Attach, Even Where Incarcerative Consequence

Michael D. Turner v. Rogers, USSC No. 10-10, 6/20/11

Appellate Procedure – Mootness Doctrine

Turner’s appeal – he challenges denial of appointed counsel in a civil contempt proceeding but has fully served the resultant 12-month sentence –  isn’t moot:

The short, conclusive answer to respondents’ mootness claim, however, is that this case is not moot because it falls within a special category of disputes that are “capable of repetition” while “evading review.” Southern Pacific Terminal Co.

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Miranda warnings, Juvenile Suspect: Age of Child Relevant to Custody Analysis

J.D.B. v. North Carolina, USSC No. 09-11101, 6/16/11, reversing 363 N. C. 664, 686 S. E. 2d 135

This case presents the question whether the age of a child subjected to police questioning is relevant to the custody analysis of Miranda v. Arizona, 384 U. S. 436 (1966) . It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave.

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Juan Smith v. Louisiana, USSC No. 10-8145, cert granted 6/13/11

Docket

Decision below: State ex rel. Smith v. Cain, 992 So. 2d 928, 2008 La. LEXIS 1772 (La., 2008), writ denied State v. Smith, 2010 La. LEXIS 2202 (La., Sept. 24, 2010)

Questions Presented (from SCOTUS docket page):

In this Louisiana criminal case, the state trial court, the Louisiana Fourth Circuit Court of Appeal, and the Louisiana Supreme Court, without making any factual findings, or providing any reasons for their rulings,

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Rafael Arriaza Gonzalez v. Thaler, USSC No. 10-895, cert granted 6/13/11

Docket

Decision below: 623 F. 3d 222 (5th Cir. 2010)

Questions Presented (from SCOTUS docket page):

1. WAS THERE JURISDICTION TO ISSUE A CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. §2253(C) AND TO ADJUDICATE PETITIONER’S APPEAL?

2. WAS THE APPLICATION FOR A WRIT OF HABEAS CORPUS OUT OF TIME UNDER 28 U.S.C. §2244(D)(1) DUE TO “THE DATE ON WHICH THE JUDGMENT BECAME FINAL BY THE CONCLUSION OF DIRECT REVIEW OR THE EXPIRATION OF THE TIME FOR SEEKING SUCH REVIEW”?

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Light Posting, 6/13-19

Posting will be unavoidably light to non-existent this week. For new Wisconsin releases, check here for court of appeals, and here for supreme court. Scotusblog and LII are excellent sources for United States Supreme Court releases.

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Miscellany

In advance of a short hiatus (light-to-nonexistent posting next week), we thought you might find the following links of interest …

Mapp v. Ohio is about to turn 50. What, you thought the exclusionary rule always applied to the states? (True in Wisconsin a long time, though, with Hoyer v. State, 180 Wis. 407, 193 N.W. 89 (1923) turning 88 this year.)

Fantasy predictions for SCOTUS.

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State v. Basil E. Ryan, Jr., 2011 WI App 21, review granted 5/24/11

on petition for review of published decision; case activity

Issues (provided by court):

Can a defendant be found guilty under the forfeiture statutes on the grounds of judicial estoppel where the defendant claims he made no statement to a prior court?

Did the undisputed facts on the record establish that if judicial estoppel had not been applied, the defendant neither owned nor controlled the barge that sunk in a navigable waterway in order to be liable under the forfeiture statutes for violations of Wis.

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State v. David W. Stevens, 2009AP2057-CR, review granted 5/24/11

on petition for review of unpublished decision; for Stevens: Paul G. LaZotte, SPD, Madison Appellate; case activity

Issues (provided by court):

If a suspect in custody initiates communication with the police after previously invoking his Miranda right to consult with an attorney but has yet to again waive his Miranda rights, do the police violate the demands of Miranda by denying an attorney access to the suspect prior to the second waiver of his Miranda rights?

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State v. Harry Thompson, 2009AP1505-CR, review granted 5/25/11

on petition for review of unpublished decision; for Thompson: J.P. La Chapelle; case activity

Issues (provided by court):

Whether the failure to inform Thompson of the applicable mandatory minimum sentence of 25 years of incarceration prior to trial violated Thompson’s constitutional due process rights.

Whether the complaint in this case was defective under Wis. Stat. § 970.02(1)(a) because it did not state the applicable mandatory minimum sentence,

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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.