Washburn Law Journal

Recent Blog Post

Mail-In Ballots During COVID-19 by Kayla Dieker | May 15, 2020

On April 7, 2020—amidst a global pandemic—Wisconsin held its primary election.  In a time where the CDC has recommended cancelling events for groups of ten or more people,  “[l]ong lines of voters. . . wearing face masks, stretched for blocks through Milwaukee.” Eric Bradner, ‘This is ridiculous’: Wisconsin holds its primary election in the middle of a pandemic, CNN (Apr. 7, 2020), https://www.cnn.com/2020/04/07/politics/wisconsin-primary-coronavirus/index.html.  Wisconsin has not been immune to the COVID -19 pandemic, as of April 10, 2020 there have been 3,068 confirmed positive cases of COVID-19, with 904 hospitalizations and 128 deaths. Outbreaks in Wisconsin, Wisconsin Dept. of Health Services (last revised Apr. 10, 2020), https://www.dhs.wisconsin.gov/outbreaks/index.htm.  This is an increase of almost 500 cases since the April 7th primary election. COVID-19: Wisconsin’s Model, Wisconsin Dept. of Health Services (last updated Apr. 10, 2020), https://www.dhs.wisconsin.gov/covid-19/model.htm.  Wisconsin is the only state with an April election that had not postponed or shifted to mail-in only—though it’s not for lack of trying  Eric Bradner, ‘This is ridiculous’: Wisconsin holds its primary election in the middle of a pandemic,CNN (Apr. 7, 2020), https://www.cnn.com/2020/04/07/politics/wisconsin-primary-coronavirus/index.html.

Recent Comment

Mr. Sandman, Bring Me a Writ: Revisiting the Tenth Circuit’s Decision in Smith v. Aldridge, 904 F.3d 874 (10th Cir. 2018).

Dylan P. Wheeler | February 24, 2020 | Read this comment

Summary: The Tenth Circuit Court of Appeals affirmed the denial of a woman’s habeas petition from her criminal conviction in an Oklahoma state court.  The woman alleged several jurors slept throughout her trial, and produced affidavits from the jurors themselves saying as such, but the Oklahoma Court of Criminal Appeals denied relief without holding any evidentiary hearing regarding this procedural defect.  The Tenth Circuit’s underlying rationale for upholding this process is built upon assumptions formed through the use of fallacious reasoning that violates the rules of formal logic.

Preferred Citation: Dylan P. Wheeler,Mr. Sandman, Bring Me a Writ: Revisiting the Tenth Circuit’s Decision in Smith v. Aldridge, 904 F.3d 874 (10th Cir. 2018), 59 Washburn L.J. Online __ (2020).

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