Wednesday, September 24, 2014

FS WI Criminal review week of Sept 15th

Postconviction counsel may raise defendant’s competence to stand trial though trial court and trial counsel had no such concerns, On Point, Wisconsin State Public Defender, on State v. Smith, 2013AP1228-CR

Defendant allowed dual credit for presentence custody served for a burglary and an unrelated civil commitment, On Point, Wisconsin State Public Defender, on State v. Trepanier, 2014AP178-CR

“Good Time” in Washington: A Model for Wisconsin? by Michael M. O'Hear, Marquette University Law School Faculty Blog


Court scolds State for shoddy advocacy, holds alleged “stop” was actually an arrest without probable cause, On Point, Wisconsin State Public Defender, on State v. Anker, 2014AP353-CR

Ch. 48 does not require transfer of child custody to a relative after parental rights are terminated, On Point, Wisconsin State Public Defender, on State v. Jevon S., 2014AP1426 and 2014AP1427, and State v. Latoya M., 2014AP1424 and 2014AP1425

Court of appeals affirms default judgment against parent in TPR proceeding, On Point, Wisconsin State Public Defender, on State v. Samantha J., 2014AP988, 2014AP989, and 2014AP1017

Prison visitor subjected to custodial interrogation in violation of Miranda, but physical evidence not suppressed, On Point, Wisconsin State Public Defender, on State v. Ezell, 2013AP2178-CR

Analysis of blood drawn without warrant before–but tested after–McNeely held admissible, On Point, Wisconsin State Public Defender, on State v. Kuster, 2014AP109-CR

Prison guard cries over spilled milk; defendant loses IAC claim, On Point, Wisconsin State Public Defender, on State v. Schmidt, 2014AP718-CR

Court of appeals sidesteps constitutionality of “community caretaker preliminary breath test” and decides McNeely issue before SCOW, On Point, Wisconsin State Public Defender, on State v. Kugler, 2014AP220

Aging Out: Crossing into Adulthood Without a Net, by Tanner B. Kilander, Office of the Wisconsin State Public Defender, Milwaukee, Wisconsin Lawyer, September 2014

Criminal Procedure Committee will meeting, October 7, 2014 1:30 p.m., Wisconsin Judicial Council