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WHBL: U.S. Supreme Court declines police shooting case and challenge to qualified immunity. The Daily Beast: Inside Alabama's decision to spend COVID relief funds on prisons. NPR: Prisons increased the use of solitary confinement during COVID. That can have long-term health consequences. It's a common paradox of solitary confinement, said Craig Haney, a professor of social psychology at the University of California-Santa Cruz. Instead of craving the company of others after release from social isolation, many former prisoners want just the opposite. "Solitary forces prisoners to live in a world without people," he said. "And they adapt to it." Research has long shown that solitary confinement — isolating prisoners for weeks, months, years and sometimes decades — has devastating effects on their physical and mental health. Once released, either to the general prison population or to the outside world, they can face a suite of problems, like heart damage and depression. They're often hypersensitive to light, sound, smell or touch. The Washington Post: Group files complaint with bar association against John Eastland, author of Trump memo on overturning election results. Eastman provided a preliminary response to the complaint by threatening a potential defamation lawsuit against the signatories and defended his various actions outlined in the complaint around Trump’s efforts to overturn the results of the 2020 election. “Is it now a disbarrable offense to engage in political speech, First Amendment protected?” Eastman said, addressing his remarks at the “Stop the Steal” rally on Jan. 6 mentioned in the complaint. “These guys are going way out on a limb, and it’s going to be very interesting to see the detail of the complaint, and how many causes of action I have for defamation.” The complaint makes the case that a lawyer dealing with the courts is not protected by the First Amendment. “A lawyer must avoid speech that is intentionally false or deceptive, . . . that asserts or advances frivolous claims, . . . or that knowingly assists the client in unlawful conduct,” the complaint says. It maintains that Eastman knew the claims were frivolous because by early December, Trump and his allies had lost more than 50 post-election lawsuits. More links and stories on our Facebook page!
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Cannabis production method targeted in legislation increasing penalties for dealing, possession10/4/2021  By Gretchen Schuldt
Penalties for second-offense marijuana possession, already a felony, would increase substantially if butane extraction was used in the production process, under a bill making its way through the Legislature. Industry officials say that occasional users may have no clue how their product was processed, although frequent imbibers may be able to tell the difference by the taste. The maximum penalty for second-offense (or greater) possession now is 3½ years in prison and a $10,000 fine. Under the bill, the penalties for second-offense (or greater) marijuana would increase depending on the amount of butane-extracted cannabis involved. The amounts and maximum penalties would be:
The bill also would significantly increase the penalty for manufacturing, delivering, or selling any amount of butane-extracted cannabis. Currently, marijuana manufacturing and dealing carries different sentences depending on the amount involved. Under the bill, those crimes, regardless of amount, would be punishable by up to 15 years in prison and a $50,000 fine. That means a person could go potentially to prison for a very long stretch for sharing a gummy bear with a friend. Butane extraction is a common method of concentrating cannabis resin. Butane extraction can produce a THC concentration of up to 90%. The concentrate is used in a variety of products, including edibles and vaping juices. Commercial entities generally use a closed system of butane extraction, which is not considered an explosion hazard. Closed systems keep the butane from escaping into the atmosphere. Some processors, including those running clandestine labs, use an "open blasting" system that allows the butane to escape into the atmosphere, creating a danger of explosions. The pending bill does not differentiate between open and closed production methods used or whether any hazards are actually present. "This is a very misguided effort," said Bryce Brisbin, director of technical sales at Luna Technologies, a cannabis extraction company. Closed-system butane cannabis extraction is safe and provides a high-quality product, he said. "Open blasting should be banned, totally illegal," he said. "It's incredibly stupid." State Rep. Jesse James (R-Altoona), a sponsor of the legislation in the Assembly, said in prepared testimony last week that "The criminal elements and punishments of possessing, manufacturing, and delivery of BHO (butane honey oil) is the same as marijuana. I understand marijuana is needed to make BHO, but the process is making a totally different product, with a higher potency, which sells at a higher rate, putting the lives of those who manufacture it and others at risk." He acknowledged that the closed-loop system was generally more "safer, controlled, and effective" than the open blasting system. "The societal harms stemming from more prevalent and more potent cannabis is well-established in research exploring the effects on public safety and violent crime, traffic safety and the workforce," said State Sen. Duey Stroebel (R-Saukville), another sponsor. "The narrative surrounding the alleged medical benefits of cannabis tends to readily dismiss the aforementioned harms." The New Republic: It's public defenders v. ACLU in a key gun rights case.
On one side is the American Civil Liberties Union and its New York state counterpart, which contend that the state law is justified to protect First Amendment rights in the public sphere. On the other side are a coalition of New York–based public defender groups who contend that the law actually gives cops a license to discriminate and harm indigent and minority New Yorkers who try to exercise their Second Amendment rights. The result is two starkly different visions of how the law affects civil rights, public safety, and the Constitution. The Washington Post: The U.S. Supreme Court begins an extraordinarily controversial session. “The catchy and sinister term ‘shadow docket’ has been used to portray the court as having been captured by a dangerous cabal that resorts to sneaky and improper methods to get its ways,” (U.S. Supreme Court Justice Samuel A.) Alito (Jr.) said in his speech at the University of Notre Dame. “And this portrayal feeds unprecedented efforts to intimidate the court or damage it as an independent institution.” (The term seems to have first been used not by liberals but by William Baude, a law professor and former clerk to Chief Justice John G. Roberts Jr., to draw attention to a 2015 law review article on the court’s procedures.) MSNBC: Justice Alito isn't doing the U.S. Supreme Court any favors. The Hill: Biden on track for record for fewest resettled refugees. The New York Times: A promise for parole eligibility in 10 years turned into a 50-year wait. And counting. More links and stories on our Facebook page! HuffPost: Alex Jones just lost two Sandy Hook cases.
Judge Maya Guerra Gamble on Monday issued her ruling for default judgments against Jones in two different cases, which means he and the conspiracy-theory-spewing outlet Infowars have been found liable for all damages and a jury will now be convened to determine how much he will owe the plaintiffs. The new rulings became public Thursday. In the filings, Gamble eviscerated Jones and reasoned that default judgments should be ordered because “an escalating series of judicial admonishments, monetary penalties, and non-dispositive sanctions have all been ineffective at deterring the abuse,” caused by Jones’ unwillingness to turn over documents related to the cases, the Texas judge ruled. Vox: The nihilism of Neil Gorsuch. In his four years on the Court, Gorsuch has staked out a more ambitious agenda than many preceding justices articulated in four decades, and he has seized every opportunity to implement as much of this agenda as possible. He arguably has a better sense of where he wants to take the law than any other member of the Court. He is broadly anti-government, skeptical of democracy and the institutions that make it possible, and eager to centralize power within the judiciary. AP via WKBN: Judge questions whether Jan. 6 rioters are being treated unfairly. Reason: The Innocence Files examines the workings behind wrongful convictions. Across nine episodes, Netflix's The Innocence Files documents several of these cases, showing how bad forensics, faulty witness testimony, and misconduct by police and prosecutors let us down. Reuters: Trump asks court to force Twitter to reinstate his account. More links and stories on our Facebook page! By Gretchen Schuldt The state's prison population is growing again after a long decline due to the COVID-19 pandemic. The number of adults incarcerated in state facilities declined to 19,381 on May 14, down significantly from the June 2019 level of almost 23,600 reported by the Wisconsin Policy Forum in its 2021-23 state budget brief. At the height of the outbreak DOC basically closed its doors to new inmates, shoving the problem of housing them downstream to local jails. And courts shut down or dramatically reduced operations, which also reduced the flow of inmates to prison. Then, this spring, prisons began accepting people again. The prison population ticked upward the week of May 21 and has increased every week since, according to Department of Corrections data. On Sept. 24, 20,132 people were incarcerated in the state's adult facilities. Current inmate numbers are likely to increase further as courts resume normal operations and more people are sentenced.  CNN: U.S. Supreme Court Justice Sonia Sotomayor – There will be "a lot of disappointment in the law."
Roll Call: U.S. Supreme Court Justice Brett Kavanaugh tests positive for COVID-19. Crosscut: Seattle-area mental health responders ask for clarity on police participation. “Our community’s ability to adequately respond to behavioral health crisis events is itself in crisis, reads a letter from the providers addressed to Mayor Jenny Durkan and King County Executive Dow Constantine, as well as members of county and city councils and law enforcement agencies. “Without urgent action, people living with behavioral health conditions, the staff and organizations who care for them, and the community at large are at serious risk,” the letter continues. Their call for a meeting was granted, with a summit set to take place Oct. 5. The summit will occur at a time when Seattle and King County continue to wrestle with the role of police in society, a controversial and often rocky introspection following the mass protests of summer 2020. The New York Times: The U.S. Justice Department says Texas' mask ban may violate the rights of disabled children. The department filed a formal statement on Wednesday with the federal district court in Austin that is hearing one of the lawsuits, saying that the ban violates the rights of students with disabilities if it prevents the students from safely attending public schools in person, “even if their local school districts offered them the option of virtual learning.” The move signals a willingness by the federal government to intervene in states where governors and other policymakers have opposed mask mandates, using federal anti-discrimination laws like the Americans with Disabilities Act. The Justice Department has often used similar statements of interest to step in to cases involving civil rights. WAOW: Wisconsin in top 10 for OWIs, report says. More links and stories on our Facebook page! St. Louis Post-Dispatch: St. Louis seeks attorney's fees from protester who won jury award in police brutality case.
WMFE: Lake County to remove surveillance cameras on county property and roads. Commissioner Josh Blake raised the issue of roadside surveillance last month after the crime-fighting technology company Flock Safety set up 98 cameras reading license plates in Lake County. America: The U.S. economy sets the formerly incarcerated up for failure. But the aftermath of incarceration “is an undercovered story, while 600,000 people leave prison every year,” said Ms. (Wanda) Betram of the Prison Policy Initiative. To put it broadly, they struggle. In the United States, 76.6 percent of prisoners are rearrested within five years, compared to 20 percent in Norway, where the concept of imprisonment is geared toward rehabilitation instead of punishment. How we treat people coming out of prison is a measure of the morality of our economy. “Often when leaving prison, the person finds himself in a world that is alien to him and that does not recognize him as trustworthy, even excluding him from the possibility of working to obtain a decent livelihood,” Pope Francis said in a 2019 speech to leaders of Catholic prison ministries. “By preventing people from regaining the full exercise of their dignity,” they are exposed again to the lack of opportunity that often contributed to their committing a crime in the first place. Politico: Biden administration says it will again try to end Trump's "remain in Mexico" policy. The New Yorker: Trump still faces a reckoning in New York. More links and stories on our Facebook page! Note: We are crunching Supreme Court of Wisconsin decisions down to size. The rule for this is that no justice gets more than 10 paragraphs as written in the actual decision. The "upshot" and "background" sections do not count as part of the 10 paragraphs because of their summary and very necessary nature. We've also removed citations from the opinion for ease of reading, but have linked to important cases cited or information about them. Italics indicate WJI insertions except for case names, which also are italicized. The case: State of Wisconsin v. Adam W. Vice Majority/Lead Opinion: Justice Jill J. Karofsky (27 pages), joined by Justices Annette K. Ziegler, Patience Roggensack, Rebecca Grassl Bradley, and Rebecca F. Dallet; joined in part by Justice Brian Hagedorn. Justice Ann Walsh Bradley withdrew from participation. Concurrence: Hagedorn (3 pages)   Karofsky The Upshot We conclude that the statements Vice made during his post-polygraph interview are admissible because: (1) the interview was discrete from the polygraph examination; and (2) the statements were not the product of police coercion, and therefore were voluntary. Accordingly, we reverse the decision of the court of appeals. Background
On December 4, 2014, Investigator William Fisher of the Washburn County Sheriff's Department—who was investigating child sexual assault allegations in which a four-year-old girl reported to her caregiver that Vice had sexually assaulted her—met with Vice at Vice's workplace. During their meeting, Vice denied any wrongdoing and discussed with Fisher whether "there was anything [Vice] could do to clear [his] name." Fisher suggested that Vice take a polygraph examination; Vice agreed to do so. Four days later, Vice called Fisher to arrange the polygraph examination. It was scheduled for 10:00 a.m. on December 11 at the Eau Claire Police Department. . . . *** Upon (Vice) arriving at the police station, Eau Claire Police Detective Ryan Lambeseder escorted Vice to the polygraph examination room, while Fisher went to an observation room. Prior to the start of the polygraph examination, Vice signed a "Waiver of Rights" form that recited his Miranda rights. He also signed a "Polygraph Examination Consent" form, which Lambeseder read aloud to him, indicating that he "voluntarily: without threats, duress, coercion, force, promises of reward or immunity, agree[d] and stipulate[d] to submit to take a polygraph (truth verification) examination." *** The polygraph examination lasted one hour and 45 minutes. During that time, Lambeseder never raised his voice, threatened Vice, or made any promises to him, and Vice made no admissions of wrongdoing. After the polygraph examination concluded, Vice again signed the Polygraph Examination Consent Form. Once Vice signed the second form, Lambeseder escorted him to a separate interview room. Vice sat at a small table, facing the door with a wall behind him. Fisher and Lambeseder joined him ten to 15 minutes later to commence the interview. Over the course of the approximately 45-minute interview, Fisher and Lambeseder made at least 11 references to Vice's polygraph results. The first four references took place immediately, when Lambeseder told Vice, "You didn't pass the exam." Lambeseder continued: "[T]he questions regarding [the victim], it's very clear, Adam, that you weren't telling the truth . . . . And I can tell on that exam, okay?" The fifth reference occurred soon after, when Vice asked if it was possible that he "blacked out" and Lambeseder responded, "You do remember doing it, otherwise you wouldn't react the way you did on the exam, okay?" The next three references occurred intermittently over the next few minutes, and referred to Vice's "reactions" without specifically referencing the polygraph examination. For example, "It's not blocked out . . . because you've reacted". About a minute later (eight minutes into the interview), Vice offered his first inculpatory statement in response to Fisher's assurances that the criminal justice system would address his case more leniently if the assault was "an isolated mistake" and Vice "underst[ood] that he messed up." Vice's initial statement admitting to the assault was responsive to Lambeseder telling Vice to "[b]e truthful." Vice said, "It's going to sound really shitty for me to say this right now, but I sexually assaulted [the victim]." Two minutes later (ten minutes into the interview) Vice stated, "I'll admit that I must have did it because obviously the test says that I did it, but I don't physically remember". . . . Vice then discussed his access to the victim, and Lambeseder urged Vice to tell the truth and take responsibility. Vice answered some “yes/no” questions and eventually provided details about the sexual assault. Vice was charged with one count of sexual contact with a person under the age of 13. He filed a motion to suppress the statements made during his post-polygraph interview, arguing that they were involuntary due to coercion by the officers’ repeatedly telling him he failed the polygraph examination. The circuit court granted Vice’s motion to suppress, finding that Vice was “overwhelmed by the somewhat coercive pressuring nature of the overt references to the failed test.” The court of appeals affirmed, finding that the officers’ multiple references to the polygraph results and the test indicating that Vice committed the offense, while failing to inform Vice that the test results were not admissible in court, were coercive and rendered Vice’s statements involuntary. WJI reported on the court of appeals decision here. The Trace: Milwaukee's 2020 homicide rate was higher than Chicago's.
AP via WEAU: State Senate approves proposed "born alive" law. The state Senate has approved a bill that would make health care providers who let a child that survives an abortion die guilty of a felony. The Republican-authored measure would require health care provider to exercise the same degree of skill and care to save the child’s life as they would provide for any other child born alive. Violators would be guilty of a felony punishable by up to six years in prison. The bill would make killing a child born alive as the result of an abortion a felony punishable by life in prison. The New York Times: Trump loses lawsuit to enforce non-disclosure agreement against Omarosa Manigault Newman, former aide who wrote a tell-all book. The Hollywood Reporter: Judge rules against Trump in song copyright case. The suit came from Eddy Grant over use of his 1983 earworm “Electric Avenue.” The song was used in an online ad during the last campaign that had a cartoon version of Joe Biden driving an old-fashioned train car interspersed with his rival’s speeches. Milwaukee Journal Sentinel: Former Milwaukee Police Chief Alfonso Morales tapped to head Fitchburg Police Department.
NBC: Electronic monitoring is not freedom and it has problems. Courthouse News Service: Seventh Circuit hears arguments over constitutionality of Wisconsin's hunter protection law. The amendment to the state’s 1990 hunter protection law was passed in 2016. It prohibits individuals from “maintaining a visual or physical proximity” to hunters on state land as well as “photographing, videotaping, audiotaping, or through other electronic means, monitoring or recording” them. Above the Law: Lawyer blames kombucha tea for her drunk driving. Texas Tribune: Migrants held in Texas border crackdown are being held for weeks without lawyers or charges being filed. Under Texas law, criminal defendants must be assigned an attorney within three days of asking for one. State statute also requires that defendants be released from jail if prosecutors delay cases by not filing charges quickly. For trespassing, the charge on which the vast majority of the imprisoned migrants were arrested, that deadline is set at 15 or 30 days, depending on the charge level. Both of those deadlines have fallen by the wayside as (Gov. Greg) Abbott, a former Texas Supreme Court justice and state attorney general, pursues his initiative for state police to arrest migrants suspected of illegally entering the country for state crimes such as trespassing or human smuggling. Since the effort began in July, about 1,000 migrants have been sent to two Texas prisons converted into immigration jails. On Friday, nearly 900 men remained locked up, prison officials reported. More links and stories on our Facebook page! |
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The Wisconsin Justice Initiative Inc. does not endorse candidates for political office. The Wisconsin Justice Initiative Inc. is a 501(c)3 organization.
The Wisconsin Justice Initiative Inc. does not endorse candidates for political office. The Wisconsin Justice Initiative Inc. is a 501(c)3 organization.