State v. Christopher W. Yakich, 2022 WI 8, 2/16/22, affirming an unpublished court of appeals decision; case activity (including briefs)
When a defendant is found not guilty by reason of mental disease or defect (NGI) for more than one offense, the commitments for the offenses may be ordered to run consecutively.
As we explained in our posts on the court of appeals decision and the supreme court’s review grant, Yakich was found NGI for four different
Continue Reading SCOW: circuit courts may impose consecutive NGI commitments
Circuit Court Did Not Rely on Improper Sentencing Factors by Discussing Defendant’s Gun Ownership
Feb. 20, 2022 – A circuit court did not rely on improper factors by discussing a defendant’s gun ownership when sentencing the man for second-degree intentional homicide, the Wisconsin Supreme Court has ruled.In
State v. Dodson, 2018AP1476 (Jan. 26, 2022), the supreme court held that the defendant failed to show that the judge’s discussion of the defendant’s gun ownership improperly predisposed the judge against all gun owners.Additionally, the court held, the defendant failed to show that the judge
State Law Allows Consecutive Terms of Commitment, Wisconsin Supreme Court Rules
Feb. 20, 2022 – A circuit court properly imposed consecutive commitment periods on a criminal defendant who pleaded not guilty by reason of mental disease or defect (NGI), the Wisconsin Supreme Court has ruled.In State. v. Yakich, 2019AP183 (Feb. 16, 2022), the supreme court held a circuit court may impose consecutive NGI commitments because 1) Wis. Stat. section 971.17 links the maximum length of NGI commitments to the maximum length of criminal sentences; and 2) state law authorizes a
Continue Reading State Law Allows Consecutive Terms of Commitment, Wisconsin Supreme Court Rules
In 4-3 Decision, Wisconsin Supreme Court Declines to Extend Stay in Elections Lawsuit
Feb. 20, 2022 – The Wisconsin Supreme Court has ordered that a circuit court ruling against ballot box guidance issued by the Wisconsin Elections Commission (WEC) be stayed only through the February 15 primary election.The decision in Richard Teigen v. Wisconsin Elections Commission, 2022AP91 (Feb. 10, 2022) means that, absent further action by the supreme court, clerks will not be authorized to deploy ballot drop boxes at the April 5 primary election.The decision came in an order approved by
Nuts and Bolts Series: Criminal Court in Wisconsin
This practical series, “Nuts and Bolts,” is intended to demystify the process of being charged with a crime in Wisconsin state (circuit) courts. The court process can be overwhelming. Knowing what to expect from the process may make it less confusing and unpredictable, and hopefully less stressful.
Building Our Defense: Discovery and Investigation
For a defense attorney, this is when the case becomes interesting. Before our not guilty plea is entered we typically have received only bare-bones, scant detail
Continue Reading Nuts and Bolts Series: Criminal Court in Wisconsin
CoA says people with mental illness may not choose death over medication
Taylor County Human Services v. L.E., 2021AP1292, 2/15/22, District 3, (1-judge opinion, ineligible for publication); case activity
A circuit court extended “Luca’s” commitment, directed that he be placed in a locked ward, and ordered involuntary medication. On appeal, Luca challenges his placement in a locked ward and the involuntary medication order. At a minimum, the court of appeals analysis of Luca’s right to refuse involuntary medication merits review by SCOW.
During its oral decision, the circuit court said:
Continue Reading CoA says people with mental illness may not choose death over medication
SCOW to Address Validity of Marsy’s Law
Wisconsin Justice Initiative v. Wisconsin Elections Commission, 2020AP2003, certification granted 2/17/22; case activity
In 2020, Wisconsin voters ratified Marsy’s law, a proposed amendment to the Wisconsin Constitution, which significantly expanded the rights of crime victims often at the expense of defendants’ rights. The Dane County Circuit Court declared the law invalid due to defects in the ballot question presented to voters. The Wisconsin Election Commission appealed. On certification by the court of appeals, SCOW has agreed to review
Continue Reading SCOW to Address Validity of Marsy’s Law
Defense win! Being outside despite “Safer at Home” order doesn’t suggest criminal activity
State v. Jere J. Meddaugh, 2021AP939-CR, 2/17/22, District 4, (recommended for publication); case activity (including briefs)
Wearing black clothing and riding a bicycle across publicly accessible school grounds in the middle of the night while a Safer at Home order is in effect does not constitute reasonable suspicion that a crime is being committed. So says the court of appeals in a decision that is recommended for publication.
Meddaugh, dressed in black, was pedaling a bike with a
Continue Reading Defense win! Being outside despite “Safer at Home” order doesn’t suggest criminal activity
Business Court Pilot Project Would Be Extended Under Proposal
Feb. 18, 2022 – The Business Court Advisory Committee (Committee) has petitioned the Wisconsin Supreme Court to extend the Commercial Docket Pilot Project for an additional two years.In its petition, the committee said that more time is needed before deciding whether to take the project statewide.“The Committee has determined that it is appropriate to again extend the pilot project to gather additional data in order to determine if state-wide trial court judicial dockets for large chain business and commercial
Continue Reading Business Court Pilot Project Would Be Extended Under Proposal
State Law Allows Insurer to Limit UIM Coverage to Insureds, Wisconsin Supreme Court Rules
Feb. 18, 2022 – State law does not prohibit an insurer from limiting underinsured motorist coverage (UIM) to persons insured under the insurer’s policy, the Wisconsin Supreme Court has ruled.In Brey v. State Farm Mutual Automobile Insurance Company, 2019AP 1320 (Feb. 15, 2022), the supreme court unanimously held that the son of a man killed in an automobile accident could not recover because the man was not an insured under the policy against which the son sought to
Defense win! Dad wins hearing on motion to withdraw TPR plea
State v. A.G., 2021AP1476, 2/15/22, District 1 (1-judge opinion; ineligible for publication); case activity
Wonders never cease. Parents virtually never win TPR appeals no matter how strong their arguments are. Yet here A.G. wins an evidentiary hearing on not one but two claims that his “no contest” plea was not knowing, intelligent and voluntary.
A.G. pled “no contest” to the ground of continuing CHIPS. He argued that his plea was not knowing, intelligent, and voluntary because the trial
Continue Reading Defense win! Dad wins hearing on motion to withdraw TPR plea
CoA denies disabled person appellate review of protective placement
Portage County v. K.K., 2021AP1315, 2/10/22, District 4, (1-judge opinion, ineligible for publication); case activity
This opinion has alarming implications for disabled people. The circuit court issued a summary judgment order continuing K.K.’s protective placement. She appealed and argued that summary judgment is not allowed in Chapter 55 cases. The court of appeals refused to reverse. It predicted that this due process violation would never recur, dismissed the appeal as moot, and thus ensured that the due process
Continue Reading CoA denies disabled person appellate review of protective placement
Wisconsin Supreme Court Declines Candidate’s Petition to Review Absentee Ballot Rules
Feb. 10, 2022 – The Wisconsin Supreme Court has denied a petition filed by gubernatorial candidate Rebecca Kleefisch, who asked the court to review Wisconsin Election Commission (WEC) guidance as an original action. In
Kleefisch v. Wisconsin Election Commission, 2021AP1976-OA (Feb. 4, 2022), the supreme court denied the petition in a brief unsigned order.In her petition, Kleefisch claimed that WEC failed to follow state law in providing guidance on the use of unattended ballot drop boxes; the
Company’s Late Filing of Unemployment Form was Not Excusable, Wisconsin Supreme Court Rules
Feb. 9, 2022 – The Wisconsin Supreme Court has ruled that an Illinois company’s failure to timely file a form with the Department of Workforce Development (DWD) after purchasing a Wisconsin company prevented the Illinois company from succeeding the unemployment insurance account of the Wisconsin company.In Friendly Village Nursing and Rehab, LLC v. Department of Workforce Development, 2020AP520 (Jan. 26, 2022), the supreme court held that the Illinois company did not demonstrate that its failure to file the
Continue Reading Company’s Late Filing of Unemployment Form was Not Excusable, Wisconsin Supreme Court Rules
In 4-3 Decision, Wisconsin Supreme Court Grants Bypass for Ballot Boxes Case
Feb. 9, 2022 – An appeal from a circuit court’s decision in a lawsuit over ballot drop boxes will go directly to the Wisconsin Supreme Court under a recent order issued by the supreme court on Jan. 28, 2022.The supreme court issued the order in Richard Teigen v. Wisconsin Elections Commission, 2022AP91 (Jan. 28, 2022). In the order, the supreme court granted an emergency petition to bypass the court of appeals but declined to vacate a stay issued by
Continue Reading In 4-3 Decision, Wisconsin Supreme Court Grants Bypass for Ballot Boxes Case
It’s a ‘Fact’: Incarceration Does Not Reduce Recidivism
Evidence-based decision making is all the rage in American criminal justice.The basic idea is that everything we do with offenders – diversion, pretrial release, sentencing, supervision, and so forth – should be research-based, with the overriding goal of reducing future offending. If a given intervention does not reduce risk, then it should probably be abandoned in favor of more effective alternatives.So, how does incarceration – one of the oldest criminal justice interventions in continuous use in the United
Continue Reading It’s a ‘Fact’: Incarceration Does Not Reduce Recidivism