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By Gretchen Schuldt COVID cut an uneven path across state courts in five mid-size counties last year. Douglas County's criminal case backlog actually shrank by 17% from December 2019 to December 2020, while Shawano County's, highest among the five counties to begin with, grew by 46%, tops among the five. The number of pending criminal cases in Shawano County in December 2020 was more than three times the number in any of the other four – Douglas, Pierce, Marinette, and Oconto counties. WJI examined the numbers of pending cases in the state's five largest counties here and the five smallest counties here. This post, using Wisconsin Court System statistics from December 2019 and 2020, looks at pending cases in mid-sized smallest counties, as measured by population.  Douglas County population: 44,295 Biggest change: The number of pending misdemeanor cases dropped by 74, or 37%. Of note: Pending cases fell in every category from 2019 to 2020, for a total decline of 95, or 17%. Median age of pending cases: 2019 – 108 days; 2020 – 104 days, down 4%.  Pierce County population: 42,212 Biggest change: The median age of pending criminal cases shot up by 41 days, or 26%. Of note: Pending felony cases were up by 19, making up almost half of the total increase of 39. Median age of pending cases: 2019 – 156 days; 2020 – 197 days, up 26%.  Marinette County population: 41,872 Biggest change: The number of pending felony cases rose by 80, or 48%. Of note: The number of pending criminal traffic cases fell by 20, while the number of other misdemeanors rose by 22. Median age of pending cases: 2019 – 86 days; 2020 – 153 days, up 66%.  Shawano County population: 40,881 Biggest change: The number of pending felony cases rose by 263 cases, or 51%. Of note: Shawano County's pending case numbers were far greater in both years than those in any other of the five mid-sized counties. In 2019, Shawano had 958 total pending criminal cases in December. Douglas County was next, with 556 pending cases. Those two counties were numbers one and two, respectively, again in 2020. Shawano County had 1,402 pending cases; Douglas County had 461. Median age of pending cases: 2019 – 177 days; 2020 – 230 days, up 30%.  Oconto County population: 38,965
Biggest change: The number of pending felony cases rose by 71, or 46%. Of note: The number of pending criminal traffic cases dropped by 13, while other pending misdemeanors rose by 23. Median age of pending cases: 2019 – 107 days; 2020 – 141 days, up 32%.
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Milwaukee Journal Sentinel: Kyle Rittenhouse acquitted.
As the verdict was read, Rittenhouse appeared to hold back sobs. When the final "not guilty" was announced, he dropped to his knees. He was helped back into his chair and hugged one of his attorneys, Corey Chirafisi. The Washington Post: Why prosecutors get away with misconduct. While prosecutors often hold news conferences or orchestrate “perp walks” when indicting people for crimes, when prosecutors themselves are accused of wrongdoing, state bars and other authorities make sure you never hear about it. “I can’t say more because it could subject me to a complaint myself,” (attorney Lara) Bazelon says. Courthouse News Service: Environmental groups sue EPA over Gulf states air pollution. The Hill: President Biden signs bills providing more resources to police. The Washington Post: Democratic divide puts action on marijuana in doubt. The conflict has come to a head in recent weeks after a push by Democratic and Republican lawmakers to attach the narrower banking legislation to the must-pass annual defense policy bill, which would ensure its passage in the coming months. The bill’s advocates say it would offer a substantial step toward legitimizing and rationalizing the cannabis industry in the 47 states that have moved to at least partially legalize marijuana — allowing businesses to move away from risky cash-only operations. That push has hit a roadblock in the Senate, however, where Majority Leader Charles E. Schumer (D-N.Y.) has sided with Sens. Cory Booker (D-N.J.) and Ron Wyden (D-N.J.), who are seeking to assemble a comprehensive bill that would federally decriminalize the drug, tax it and potentially expunge the criminal records of those previously convicted of having bought or sold it. Passing the narrower bill, they argue, would make passing their broader bill more difficult. “To me, it wouldn’t be a win,” Booker said Tuesday. “It would be a setback for expunging the records of all of the people who are waiting for some kind of justice. And unfortunately, if you do that, the pressure won’t be there to get it done.” More links and stories on our Facebook page! Above the Law: Trump threatens to sue Pulitzer Prize Board if it won't retract prized for N.Y. Times and Washington Post.
What even is this shit? Washington Monthly: How the Trump era changed the U.S. Supreme Court. If the new majority on the Court wants the public to respect it, then it can earn that respect by acting like a Court. Signs so far are that the new majority will act with only token respect for precedent and contempt for transparency. Indeed, the stealth decision to allow Texas to gut abortion rights suggests more than that—it suggests outright lawlessness. The Hill: Support for stricter gun control lowest since 2014, according to Gallup poll. AP via WMTV: Parole granted to man who was key in juvenile life sentence case. Henry Montgomery, 75, was released from prison just hours after the parole board’s decision and went to the offices of the Louisiana Parole Project, a nonprofit which is supporting him after his release. There he was embraced by tearful staff and former juvenile lifers who were freed as a result of the court case that bears Montgomery’s name. “It feels so wonderful,” said Montgomery during an interview with The Associated Press. When asked what he plans to do now that he is out of prison, Montgomery said he wanted to pay his respects to his mother and grandmother and other family members who died when he was behind bars. NBC: Oklahoma governor commutes sentence of condemned man, Julius Jones. State and county prosecutors have said the evidence against Jones is overwhelming. Trial transcripts show witnesses identified Jones as the shooter and placed him with Howell’s stolen vehicle. Investigators also found the murder weapon wrapped in a bandana with Jones’ DNA in an attic space above his bedroom. Jones claims the murder weapon was placed there by the actual killer, who visited Jones’ house after Howell was shot. The state’s Pardon and Parole Board twice voted 3-1 to recommend Stitt grant clemency to Jones and commute his sentence to life in prison. “I believe in death penalty cases there should be no doubt, and put simply, I have doubts in this case,” Chairman Adam Luck said in September following the board’s vote. More links and stories on our Facebook page! State appeals court OKs restitution order for more than twice the value of the damaged property11/18/2021  Grogan By Gretchen Schuldt A Fond du Lac County judge did not err when he ordered a mentally ill man with $113 in monthly disposable income to pay $5,486 in restitution for repairs to a stolen truck worth less than half that amount, the State Court of Appeals has ruled. The 2-1 decision by the three-judge District II Court of Appeals panel upheld a ruling by Circuit Judge Robert J. Wirtz. Appellate Judge Shelley A. Grogan wrote the decision and was joined by Appellate Judge Lisa S. Neubauer. Appellate Judge Paul F. Reilly dissented. "The only issues are whether the circuit court erroneously exercised its discretion in setting the amount of restitution or in finding (Alex Scott) Stone had the ability to pay," Grogan wrote. State law, she said, allows a judge to order restitution for "reasonable repair cost." Wirch did that, she said. The defendant had mental health issues and disposable income of $113 per month.  Reilly Reilly took issue with that analysis but outlined another basis of disagreement in a footnote.
"It is my belief, however, that imposing a restitution order against a mentally disabled young man who could not work, who was under a...Ch. 51 (mental health) commitment order placing him in a group home with a third party handling his meager finances, who had a spinal infection, who was prone to hearing 'voices' and 'seeing things,' and who had a total of $3.75 of daily disposable income is not conducive to a defendant’s rehabilitative needs," he wrote. He acknowledged that Stone did not produce evidence that he had to use some of his $113 per month for transportation, medical costs, or other human needs and so did not meet his burden of proof that he did not have the ability to pay the restitution. Stone, who died while the appeal was pending, took the 1997 Chevy truck, which had 220,000 miles on it, from his friend Matt, who had taken it from the victim, identified in court records only as M.S., according to a brief filed in the case. Stone damaged the truck and was arrested after an officer saw sparks coming from the passenger side wheel. Stone, who at first was found incompetent to stand trial, eventually was convicted of operating a motor vehicle without the owner's consent. At the restitution hearing, M.S. did not present information about the value of the truck, but did offer an estimate to repair it: $5,486.37. Stone's lawyer presented Kelley's Blue Book information indicating that showed the truck, in very good condition, would be worth $2,394 in a private-party sale. The following exchange took place during the hearing, according to a defense brief. The state: If your – do you intend to repair the vehicle? M.S.: I’m probably just going to replace it. The state: Why is that? M.S.: Well, I can’t just go out and replace a pickup truck for twenty-three hundred, if that’s what they’re talking about, you know. The state: Would your preference be to repair the vehicle so that you can use it again, all things being equal? M.S.: I think there was way too much damage done to it to warrant sticking that in that vehicle. I would want to replace it. I have nothing to use on my farm. The state: Okay. And the reason you would not want to repair that vehicle is you think there’s too much damage to it? M.S.: Well, unless I stick the five thousand dollars in it to get it done correctly. Wirch, ordered Stone to make $5,486.37 in restitution for the repairs. He also ordered restitution for post-arrest towing costs, raising the total amount owed to $6,008.60. "The statute's plain language does not restrict the award to the actual value of the property even when the actual value may be less than the reasonable repair cost," Grogan wrote in confirming the restitution order. "Rather, the statute allows a circuit court to choose the 'reasonable repair' option in determining the restitution amount even if the repair cost exceeds the property's value." Grogan also rejected Stone's argument that it was illogical to order repair costs because M.S. intended to replace the truck, not repair it. "The victim’s testimony did not eliminate repairing the pick-up truck," Grogan wrote. "The victim still had the pick-up truck, and her last statement indicated that if she received the $5,000 in restitution, she could repair it." Grogan and Neubauer also found that Stone had the ability to pay. He testified that his monthly income was $773 and his monthly expenses were $600 for rent in a group home and food and $60 for his cell phone. That left $113 a month in extra income. Stone also testified that the only items he bought with his disposable income were soda and cigarettes, which he said were " 'not … really necessary,' " Grogan wrote. Stone, who did not work due to his disability, also said he might pick up a part-time job at McDonald's or "something like that" in the future, she said. "Although $113 may strike some as a small amount of disposable income, it was extra money for Stone after all his monthly bills were paid," Grogan wrote. "Accordingly, the circuit court’s decision on ability to pay was not an erroneous exercise of discretion." Reilly, in his dissent, rejected the idea that a repair estimate is always a proper basis for restitution. M.S. testified, Reilly wrote, that she would replace the truck rather than repair it because the truck wasn't worth putting a repair investment of $5,486.37. "The victim correctly recognizes that given the evidence produced at the restitution hearing, she should simply go out and buy a similar truck in 'good condition' at a price of $2,394...." he wrote. "By taking a piece of property worth $2,394 and increasing its value to over $5,000, the victim is made more than whole. The victim receives a windfall. "We do not use restitution to punish a defendant, and we do not use restitution to enrich a victim," he said. "We use restitution to return the victim to the position he or she was in before being victimized." The New York Times: Two men convicted of killing Malcolm X will be exonerated after 55 years.
The exoneration of the two men, Muhammad A. Aziz and Khalil Islam, represents a remarkable acknowledgment of grave errors made in a case of towering importance: the 1965 murder of one of America’s most influential Black leaders in the fight against racism. A 22-month investigation conducted jointly by the Manhattan district attorney’s office and lawyers for the two men found that prosecutors and two of the nation’s premier law enforcement agencies — the Federal Bureau of Investigation and the New York Police Department — had withheld key evidence that, had it been turned over, would likely have led to the men’s acquittal. The two men, known at the time of the killing as Norman 3X Butler and Thomas 15X Johnson, spent decades in prison for the murder on Feb. 21, 1965, in which three men opened fire inside a crowded ballroom at the Audubon Ballroom in Manhattan as Malcolm X was starting to speak. But the case against them was questionable from the outset, and in the decades since, historians and hobbyists have raised doubts about the official story. Above the Law: Ohio judge suspended after demanding court observer take drug test. Law & Crime: Federal Appeals Court denies qualified immunity for officer who shot two non-threatening service dogs. Slate: The decision blocking President Biden's vaccine mandate could derail his entire agenda. Although he spilled much ink complaining that the Biden administration exceeded its authority, (U.S. Circuit Judge Kurt) Engelhardt revealed toward the end of his opinion that none of this analysis really mattered. Why? Because even if Congress gave the executive branch power to impose vaccine mandates, the law would be unconstitutional under the nondelegation doctrine. This theory, which has no basis in the Constitution, prevents Congress from delegating too much power to executive agencies. The Supreme Court has used it twice, both times in 1935 to hobble New Deal legislation. If revived, this doctrine would bring much of government to a screeching halt, hobbling thousands of critical federal regulations on everything from the environment, health care, employment, education, immigration, and more. Reason: Police believed sand from a stress ball was cocaine, leading to a woman's six-month jail stay. What's more, she was left in jail for four months after a crime lab concluded that the mysterious powder was sand, not cocaine. More links and stories on our Facebook page! WPR: Gubernatorial candidate Rebecca Kleefisch sues Wisconsin Elections Commission.
The lawsuit asks the state’s highest court to take the case immediately, bypassing lower courts that would typically handle such matters first. It argues guidance related to absentee ballot drop boxes, polling place locations and voting in nursing homes violated state laws on the subjects and should be changed ahead of the state’s 2022 election. The issues were recently surfaced in a nonpartisan audit of election administration in the state. The audit found no widespread fraud or wrongdoing that would have altered election results, but made more than two dozen recommendations for updates to elections commission policies and state laws governing elections. Reason: Two teens charged with murder for "killing" an eight-year-old girl police shot to death. Neither Angelo "A.J." Ford, 16, nor Hasein Strand, 18, fired that fatal shot. A police officer did, but the two teens were charged under the concept of transferred intent, which allows the state to prosecute someone for a crime he didn't technically commit if it happened during the commission of a related offense. Roll Call: Why the U.S. Supreme Court needs an ethics code. AP: Steve Bannon talks tough after court appearance. Combative outside court, he said he was “going on the offense” against the attorney general, the speaker of the House and President Biden. He declared, “This is going to be a misdemeanor from hell for Merrick Garland, Nancy Pelosi and Joe Biden.” Salon: Alex Jones found liable in Sandy Hook defamation suits. More links and stories on our Facebook page! By Gretchen Schuldt Courts in the state's smallest counties generally saw their criminal case backlogs swell as COVID-19 swept across Wisconsin. While the numbers of cases heard in the state's five smallest counties are much, much smaller than those in the five largest counties, the backlogs in some of the small counties grew at faster rates. WJI examined the numbers of pending cases in the state's five largest counties here. This post, using Wisconsin Court System statistics from December 2019 and 2020, looks at pending cases in the five smallest counties, as measured by population. We'll finish up by looking at five counties with populations that fall in the middle of the populations of the state's 72 counties.  Forest County population: 9,179 Biggest change: The number of pending felony cases shot up by 160, or 205%. Misdemeanor and criminal traffic cases, which started at lower baselines, rose 342% and 388%, respectively. Of note: The total number of pending cases rose 254%, the largest increase in the 15 counties considered. Median age of pending cases: 2019 – 112 days; 2020 – 150 days, up 34%.  Pepin County population: 7,318 Biggest change: The number of pending felony cases rose from 19 to 22, an increase of 16%. In the percent category, the number of pending criminal traffic cases fell from five to four, a decrease of 20%. The numbers in Pepin County are so small, however, it is difficult to determine how much significance should be attached to the changes. Of note: The median age of pending cases declined by 18%, one of just two counties among the 15 reviewed where the median age went down. Median age of pending cases: 2019 – 148 days; 2020 – 22 days, down 18%.  Iron County population: 6,137 Biggest change: The number of pending felony cases rose from 25 to 40, an increase of 60%. . Pending criminal traffic cases rose by 120%, from five to 11. That is the largest percentage increase among the categories. Of note: The median age of the pending cases grew 63%, tops among the small-population counties. Median age of pending cases: 2019 – 114 days; 2020 – 186 days, up 63%.  Florence County population: 4,558 Biggest change: The number of pending felony cases jumped from eight to 16, tops as measured in percentages. Of note: Florence County had no pending criminal traffic cases in 2019 and just one in 2020. Median age of pending cases: 2019 – 106 days; 2020 – 150 days, up 42%.  Menominee County population: 4,255
Biggest change: The median age of pending cases rose by 118 days, or 62%. In the percent category, the number of pending misdemeanor cases rose 67%, but from just six to 10. Of note: The median age of pending cases of 307 days in 2020 was the longest among the 15 counties considered. The statewide median for all 72 counties was 170 days. Median age of pending cases: 2019 – 189 days; 2020 – 307 days, up 42%. Gazette Extra: It cost the state more than $812,000 per girl last year to incarcerate juveniles at Copper Lake.
Milwaukee Journal Sentinel: Judge dismisses gun charge against Kyle Rittenhouse. Rittenhouse’s defense team had long battled to get the charge dismissed, arguing that the dimensions of Rittenhouse’s rifle fell within an exception in the law for 16- and 17-year-olds. The Nation: Why public defenders are standing with the a gun rights group in court. Despite the Second Amendment’s claimed protections—that have only expanded in the last 60 years—Black and brown men in New York, Chicago, and other localities around the country aren’t protected like white gun owners: We’re arrested, prosecuted, and warehoused in prisons. The questioning by Supreme Court Justices in the oral arguments underscores a major reason why: Guns in the hands of Black and brown people are seen as a threat to public safety, while in the hands of white gun owners they are viewed as an essential means of self-defense—a constitutional right. Embedded in the justices’ inquiries—full of racially coded language and myths about “high-crime areas” and “muggings”—was a false assumption that police keep communities safe and a dangerous distinction between “these people with illegal guns” (read: Black people living in cities) and “ordinary hardworking people” who have to commute home every night (read white people in the suburbs). The New York Times: Ghost guns are fueling an epidemic of violence. “People aren’t buying regular guns anymore,” said Antoine Towers, who works for an anti-violence program in Oakland. “Almost all the youngsters are using ghosts.” Brian Muhammad, who works with at-risk young people in Stockton, said he recently asked a group of teenagers where they got their guns. “Did you drive to Vegas?” he asked, referring to Nevada’s looser gun laws. They looked at him as if he were crazy. “Who would do that?” one of them replied. “You order them in pieces using your phone.” AP via KUTV: Inside federal prisons, employees are committing crimes. More links and stories on our Facebook page! Milwaukee Journal Sentinel: Judge clears path for jury to find Kyle Rittenhouse not guilty on firearm charges.
Reuters: Appeals court affirms hold on President Biden's vaccine mandate. The Atlantic: Fifty-seven years in a cage is long enough. Business Insider: A Florida pilot program will give formerly incarcerated people $600 per month for a year, no strings attached. "We see people all the time get reincarcerated just for money," Kevin Scott, the pilot's project manager, told Insider. "That is straight up criminalizing poverty. The crime is you're too poor to be free." AP: Trump Organization does not have to pay Michael Cohen's legal bills, judge rules. “In a nutshell, Mr. Cohen’s legal fees arise out of his (sometimes unlawful) service to Mr. Trump personally, to Mr. Trump’s campaign, and to the Trump Foundation, but not out of his service to the business of the Trump Organization, which is the only defendant in this case,” the judge wrote in his decision. More links and stories on our Facebook page! The New York Times: Key strategy in big opioid lawsuits may be faltering.
The opinions could prod cities and counties, many of which have been equivocal about settlement deals brokered by states, to capitulate, he said. They could also fuel the resolve of pharmacy chains, like Walmart, Walgreens and CVS, the cluster of defendants most resistant to talks, to fight even harder. Reuters: No more "black pastors" wanted in courtroom where trial in Arbery murder case is going on, defense lawyer says. Reuters: Harvard gets $10 million for animal law program. Protocol: Child sexual abuse is exploding online. The report also points to an increase in "self-generated" sexual material over the last year. That includes imagery and videos that young people capture themselves, either because they were coerced, or because they voluntarily shared it with someone their own age, who then shared it more broadly without their consent. According to the Internet Watch Foundation, a UK-based non-profit that also works to stop child abuse online, there was a 77% increase between 2019 and 2020 in reports of self-generated material, a category of content that can be particularly difficult to police. Governing: Some judges hear cases despite conflicts of interest. Ohio Supreme Court Justice Pat DeWine has sat out some lawsuits against his father, Republican Gov. Mike DeWine. In August, for example, the justice recused himself from a case involving unemployment benefits “to avoid any appearance of impropriety that might result from my father’s public involvement in this matter.” The Ohio Code of Judicial Conduct specifically lists cases involving relatives as an example of those requiring recusal, and that includes nieces and cousins, not just immediate family. So observers were surprised a month later when Justice DeWine announced that he wouldn’t recuse himself from redistricting lawsuits filed against his father, who had recently signed off on new election districts that favor Republican candidates; Gov. DeWine is even expected to testify as a witness. More links and stories on our Facebook page! |
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