If someone is trafficked sexually and, as a result of that, kills their trafficker, they may be innocent under Wisconsin law, according to the Wisconsin Supreme Court. The initial question is whether the sex-trafficking victim committed the homicide as a direct result...
Criminal Appeals
Carry rights restored after Wisconsin disorderly conduct conviction
Under federal law, anyone convicted of any felony offense or of any domestic violence offense, even a misdemeanor, is prohibited from possessing a firearm. This is an example of what we call the “collateral consequences” of a criminal conviction. Collateral...
Can you legally kill the person who sex-traffics you?
People who are being sexually trafficked are often completely trapped. The abuse, which often includes forced prostitution, can go on for years. Victims have no say in their own lives, are forced to work, and can’t keep the money they earn. It’s akin to slavery. That...
Judge in ‘Serial’ murder case orders new DNA tests for defendant
In 2000, Adnan Syed was convicted of murdering his girlfriend and burying her body in a park in Baltimore. Although he was just 17 at the time of his girlfriend’s death in 1999, he was sentenced to life in prison. He has argued that he is innocent, but Maryland’s...
Wisconsin Supreme Court allows end-run around lack of warrant
When the founders decided to require warrants before the government could search someone, what rights were they trying to protect? They wanted to free Americans from an intrusive government seeking to take their liberty without due process. They wanted to protect our...
Cops need a warrant to search phones? Not for parolees, probationers
In 2014’s Riley v. California, the U.S. Supreme Court ruled unanimously that law enforcement cannot search the contents of your phone without a warrant, even when they’re arresting you. The high court specifically found that modern cellphones are not like the contents...
Wisconsin high court: Cops can search phone data they already have
In 2016, George B. agreed to allow the Green Bay Police Department to review his phone for a hit-and-run investigation in which he was never charged. The consent form he signed didn’t specify exactly what the police would be allowed to download – and they downloaded...
Supreme Court: Cops in hot pursuit may still need a warrant
The Fourth Amendment to the U.S. Constitution protects Americans from “unreasonable” searches and seizures by the government. That doesn’t always mean that police officers need a warrant before they can search you, but courts start with the base assumption that a...
Wisconsin Supreme Court: Can cops run your ID with no suspicion?
When should you be free to go after a traffic stop? The law only allows police officers to detain you if they have good reason to suspect you are involved in a specific crime. When they have no suspicion, they are supposed to let you go. That didn’t happen for Heather...
Supreme Court backtracks on life sentences for juveniles
In 2012, the U.S. Supreme Court issued a ruling in Miller v. Alabama that seemed to hold life sentences without parole for juveniles unconstitutional. The court found that locking a juvenile away for life without the possibility of parole was cruel and unusual...