Recently the court of appeals basically attacked former Milwaukee County Circuit Judge Joseph Wall in opinion vacating the sentence of Landry Harris on drug charges because, they said, his comments at sentencing were capable of being interpreted as racist. http://www.jsonline.com/news/milwaukee/38004039.html.
Presumption Of Innocence
The blog published by Birdsall Obear focuses on criminal defense issues, particularly emphasizing the presumption of innocence in the justice system. It covers topics such as judicial conduct and sentencing, challenges in digital evidence like child pornography cases, critiques of punitive approaches to offenses like operating while intoxicated, and complexities in sexual assault laws especially involving minors. The blog also addresses broader concerns about law enforcement investigations and media portrayals of criminal cases. Overall, it discusses legal principles and case-specific challenges within criminal law practice.
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Computer Kiddie Porn Acquitals
I have just finished a very complicated (on one level) and simple (on another level) case involving kiddie porn that was found on a computer. The complicated part was challenging the fact that digital imaging technology is of such a…
Prison for OWI's not the answer
Apparently the Milwaukee Journal-Sentinel has been purchased by the Mother’s Against Drunk Drivers. For the last two weeks, the state’s largest newspaper has run a series of very long articles detailing the tragedy of drunk driving – especially the loss…
Sexual "Assault" ain't always what it seems
One of the really frustrating things about Wisconsin’s (and most other state’s) sexual assault laws is that they are very often blind to reality. The reality I speak of is that kids – teenagers – are sexually curious and, increasingly,…
More Kiddie hysteria….
Well the feds are at it again: “State and federal authorities are investigating the possible sexual abuse of minors at a 15-acre evangelical compound run by a convicted tax evader whom critics describe as a cult leader.” See the entire…
Proving a crime is a real "burden"!
Two cases currently being given an inordinate amount of hysterical media attention demonstrate how the public can have a twisted view of justice in America. More importantly, they are left with the impression that the cops always get it right…
POST-CONVICTION RELIEF: PROCEDURAL BARS TO COLLATERAL ATTACKS
If you have recently been convicted of a crime and want to appeal your conviction, you must raise all significant legal issues in your first postconviction motion. If you do not, the chances are you will be procedurally barred from…
No Release Pending Sentence
In a 29 page handwritten letter, former Alderman Michael McGee begged federal judge Charles Clevert to allow him to be released pending sentencing. That letter was sent pro se, i.e., without his attorneys involvement alleging that counsel refused to use…
Entrapping "Thug Mike"?
Yesterday, a federal jury took just 6 hours to deliver guilty verdicts on 9 felony counts of bribery, extortion, attempted extortion and failing to file a financial form on a wire transfer of $15,000 against former Milwaukee alderman Michael McGee,…
The Tragedy of Overzealous Prosecutors
Recently on this blog, my associate, TJ Perlick-Molinari, discussed a gang shooting case he won by talking about “The Tragedy of Gang Violence.” It was, as he pointed out, a nasty and unnecessary shooting. What he failed to mention (or…