Why Did the U.S. Supreme Court Endanger the Lives of Wisconsin Voters?

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on the recent per curiam opinion by the U.S. Supreme Court effectively requiring that in-person voting in the Wisconsin primary election go as scheduled and without deadline extension for mail-in ballots, despite the ongoing COVID-19 pandemic. Dorf argues that the decision is the result of partisan politics and petty sticklerism in the Court and will unnecessarily endanger the lives of voting citizens.

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State v. Wilson

Docket: 18-0564

Opinion Date: April 10, 2020

Judge: Edward M. Mansfield

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction of voluntary manslaughter and assault with intent to cause serious injury, holding that Defendant was not entitled to a pretrial evidentiary hearing and that Defendants remaining challenges were without merit. Defendant was charged with one count of murder and two counts of attempted murder. Following a jury trial, Defendant was convicted of the lesser included offenses of one count of voluntary manslaughter and two counts of assault with intent to cause serious injury. On appeal Defendant argued, among other things, that the district court should have held a pretrial hearing pursuant to section 704.13 to determine his immunity from prosecution before trial. The Supreme Court affirmed, holding (1) the district court did not err in refusing to conduct a pretrial hearing on Defendant's justification defense; (2) the trial evidence was sufficient to prove lack of justification; and (3) Defendant's remaining allegations of error were without merit.