WJI's Daily Reads for April 21, 2022

Milwaukee Journal Sentinel: Wisconsin Supreme Court shifts burden regarding attacks on prior OWI convictions.

It may have just gotten harder for Wisconsin drunken drivers to knock old tickets and convictions out of the equation when scoring a new offense.

In a case involving the common tactic of "collateral attack" on prior cases, the Wisconsin Supreme Court on Wednesday ruled when old records aren't available, it's the driver's burden to prove their rights to have an attorney weren't adequately explained at the time, not prosecutors' burden to prove they were.

Milwaukee Journal Sentinel: Wisconsin Legislature holds hearing on medical marijuana.

Rep. John Macco, R-Ledgeview, said he supported the plan for similar reasons, citing the benefits from marijuana his wife experienced as she dealt with cancer for 14 years until her death in 2021 — treatment he and his wife sought illegally because of Wisconsin's marijuana laws.

"Many cancer patients like my wife are not looking for a buzz that many associate with marijuana but instead seek the increase in appetite and the calming effect that it brings them," he said.

Wisconsin Watch and Wisconsin Public Radio: Podcast on unchecked power of prosecutors looks at Outagamie County case brought by former DA Vince Biskupic.

Los Angeles Times: U.S. Supreme Court hears argument on whether officers can be sued for failure to provide Miranda warning.
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The court’s conservatives agreed Wednesday that the landmark 1966 Miranda decision bars forced confessions from being used in court. But they were skeptical of “extending” it to allow damage suits against officers who don’t advise a suspect of the right to remain silent or consult a lawyer.

The outcome could have an effect on everyday encounters between police and people they question, some legal experts warn, if officers cannot be held liable for violating the Miranda rules.

Clarion Ledger: Federal investigation finds that Mississippi violates constitutional rights at state penitentiary for failure to provide mental health treatment and other reasons.

“For years, the incarcerated population has been forced to live inside rat-infested conditions and survive with a water system contaminated with human feces all with non-existent health care resources available to them,” (Roc Nation CEO Desiree) Perez said. “Over the past three years, the death toll has been utterly devastating and we hope today’s report brings many families and their loved ones one step closer toward getting the justice they deserve. We applaud the Department of Justice for their report.” 

Slate: Connecticut enhances abortion protections before any change in Roe v. Wade.

At least 26 states will ban most or all abortions if the Supreme Court overturns Roe v. Wade this summer, as it appears poised to do. Many blue states have strengthened abortion rights in the run-up to Roe’s potential demise. But few are planning for red states’ campaign to punish abortion providers and patients in places where it remains legal.

Connecticut, however, will not be caught off guard. On Tuesday, the state’s House of Representatives passed a bill spearheaded by Rep. Matt Blumenthal that would transform Connecticut into a sanctuary for legal abortion. The measure, H.B. 5414, bars state courts from enforcing another state’s penalties against someone who performed or facilitated an abortion that’s legal in Connecticut. It allows people sued under vigilante abortion bans, like Texas’ S.B. 8, to countersue in Connecticut court, collecting both damages and attorneys’ fees if they prevail. And it broadly prohibits state authorities from complying with another state’s request to investigate, penalize, or extradite individuals for providing or facilitating reproductive health services.