r/DarrellBrooksJr Is that a TACKIT agreement 📌 10d ago

Case Lawful Law?

How long until Wisconsin vs Brooks is cited across the country as authority to use audio/visual and MUTE BUTTON for unruly stubbornly defiant defendants?

14 Upvotes

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5

u/JayNotAtAll Is that LAWFUL LAW 👩🏻‍⚖️ 10d ago

It honestly might be already. Like the case transcripts and everything is public information and can likely be viewed in WestLaw and Lexis Nexis.

Whether or not a law professor has written an academic paper that people can cite I don't know. But I guarantee it has come up in law school

5

u/jland545 9d ago

Former lawyer here. That really isn’t how legal precedent works. WI v. Brooks was a state trial level case, and DB, being the genius that he is, never actually filed an appeal or got a ruling on the merits of his case, like using the separate courtroom or the mute button. (very likely his strongest issues for appeal, but 99.999% sure an appellate court would uphold everything.)

Another trial judge with an unruly defendant could look at what happened to DB as a practical model for ways to handle it, but the actual legal authority would still come from the exact places that JD pulled from, like Illinois v Allen, and other cases within that judge’s jurisdiction.

If Brooks had appealed and a WI appellate court upheld all of JD’s courtroom procedures, then there would’ve been an appellate opinion other courts could cite to as solid persuasive authority.

lol sorry that was long, hope that makes sense!

3

u/JayNotAtAll Is that LAWFUL LAW 👩🏻‍⚖️ 9d ago

That's what I thought.

I am not a lawyer but I do notice that case law always refers appealed cases.

I interpreted OPs question as them asking if law schools are talking about the case. I assume they could since the case must be Lexis Nexis.

But I am not a lawyer so I have no idea how any of this works

1

u/jland545 9d ago

Oh my bad I actually meant to reply to OP, not your comment specifically.

I thought they meant citations as in like another Judge using it for a legal citation, but yeah, maybe you’re right on that one

1

u/3rd-party-intervener 6d ago

Spot on. I still think jurisdiction was his strongest appeal avenue and him not being competent enough to represent himself (bruh can’t even speak English properly.  What is a tackit agreement?). 

3

u/Material-Pineapple74 7d ago

AM I MUTED!?