Author Archive for Michael M. O'Hear

Rodriguez v. United States: Supreme Court Says No to Prolonged Traffic Stops

Monday, June 29th, 2015
Category: Constitutional Law, Criminal Law & Process, Public, U.S. Supreme Court | No Comments »

Last week, the Supreme Court decided City of Los Angeles v. Patel, the fourth and final of its search-and-seizure cases this term. In Patel, the Court overturned a city ordinance ... Read more »

Ohio v. Clark: The Supreme Court’s Latest Pronouncement on the Confrontation Clause

Friday, June 26th, 2015
Category: Constitutional Law, Criminal Law & Process, Public, U.S. Supreme Court | No Comments »

By guaranteeing criminal defendants the right to confront their accusers, the Sixth Amendment limits the ability of the government to use hearsay evidence against defendants at trial. Importantly, though, the ... Read more »

Elonis v. United States: SCOTUS Again Adopts Narrowing Construction of Criminal Statute

Wednesday, June 3rd, 2015
Category: Criminal Law & Process, Federal Criminal Law & Process, Judges & Judicial Process, Public, U.S. Supreme Court | No Comments »

As I noted in my post last week, the Supreme Court has a variety of interpretive tools at its disposal to rein in the ever-expanding reach of federal criminal law. ... Read more »

Yates v. United States: Overcoming Plain Meaning

Friday, May 29th, 2015
Category: Criminal Law & Process, Federal Criminal Law & Process, Judges & Judicial Process, Public, U.S. Supreme Court | No Comments »

As we enter the home stretch of the Supreme Court term, I have been reviewing the criminal cases already decided by the Court this year. For my money, the most ... Read more »

Deadly Force in Philly (and Milwaukee)

Saturday, April 4th, 2015
Category: Criminal Law & Process, Milwaukee, Public | 1 Comment »

Last month, the U.S. Department of Justice issued a voluminous report on uses of deadly force by the Philadelphia Police Department. In recent years, there has been a drop in ... Read more »

Decline in Wisconsin Prison Population Results From Fewer Drug Offenders Behind Bars

Tuesday, March 17th, 2015
Category: Criminal Law & Process, Public, Wisconsin Criminal Law & Process | No Comments »

As I discussed in this post, Wisconsin has achieved one of the nation’s higher rates of reduction in imprisonment over the past decade. To be sure, New York, California, and ... Read more »

MULS Conference to Consider Human Trafficking and Restorative Justice

Monday, March 16th, 2015
Category: Criminal Law & Process, Human Rights, Immigration Law, International Law & Diplomacy, Labor & Employment Law, Marquette Law School, Milwaukee, Poverty & Law, Public | No Comments »

On Thursday and Friday, Marquette Law School will host an important conference, "Restorative Justice and Human Trafficking -- From Wisconsin to the World."  As the title suggests, human trafficking -- ... Read more »

New Article on Good Conduct Time

Thursday, March 12th, 2015
Category: Criminal Law & Process, Legal Scholarship, Public, Wisconsin Criminal Law & Process | 2 Comments »

I have a new article in the Wisconsin Lawyer about good conduct time, a program that permits prisoners to earn accelerated release based on how well they do behind bars.  Most ... Read more »

Mercenary Justice?

Friday, March 6th, 2015
Category: Criminal Law & Process, Milwaukee, Poverty & Law, Public, Race & Law | No Comments »

Earlier this week, the United States Department of Justice released a scathing report on police and court practices in Ferguson, Missouri. Figuring prominently in the DOJ’s criticisms, Ferguson criminal-justice officials ... Read more »

Prisoner Enfranchisement in Ireland

Friday, February 20th, 2015
Category: Criminal Law & Process, Election Law, Human Rights, Prisoner Rights, Public | 1 Comment »

I was surprised to learn recently from an Irish law professor that Ireland gave its prisoners the right to vote in 2006. Felon disenfranchisement is such a pervasive fact of ... Read more »

Milwaukee Arrests Rarely Involve Force, But Numbers Vary by District

Friday, February 13th, 2015
Category: Criminal Law & Process, Milwaukee, Public, Race & Law | No Comments »

Last week, the Milwaukee Fire and Police Commission released its annual report on police uses of force for 2013. The report counts 895 incidents in 2013, employing a very broad ... Read more »

Milwaukee Residents Give Solid Marks to Police

Wednesday, January 28th, 2015
Category: Criminal Law & Process, Milwaukee, Public, Race & Law | 1 Comment »

Last week, the Milwaukee Fire and Police Commission (of which I am a member) released the results of its first-ever survey of citizen attitudes toward the police.  Although the survey ... Read more »