NACDL - Wisconsin v. Grandberry

Wisconsin v. Grandberry

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Defendant-Appellant

Wisconsin v. Grandberry

Brief Details

Case No.: 2025AP1507-CR
Brief Filed: April 30, 2026
Jurisdiction: Wisconsin

Key Topics in the Brief

Public Defense | Right to Counsel | Pretrial Detention | Indigent Defendants | Speedy Trial | State Responsibility for Public Defense | Due Process | With-Prejudice Dismissal | Structural Error | Sealed Complaints

Briefs

Wisconsin-v-Grandberry-Brief.pdf

Prior Decision

decision below Brown County Circuit Court Case No. 2024CF1334

Prolonged pretrial detention without counsel, in this case approximately 440 days, constitutes a fundamental due process violation requiring dismissal with prejudice as the only meaningful remedy. Systemic failures, including shortages of appointed counsel and underfunding, do not justify constitutional violations and must be borne by the State rather than the accused. Dismissal without prejudice is inadequate because it permits immediate refiling and fails to deter future violations or remedy the deprivation of liberty. Prejudice is presumed in cases of extended delay and includes harms beyond trial impairment, including coercive detention and diminished ability to prepare a defense. The combination of extended detention, lack of counsel, sealed charges, excessive bail, and disregard of controlling precedent constitutes extraordinary circumstances warranting permanent dismissal. Courts possess authority to impose dismissal with prejudice to vindicate constitutional rights and preserve the integrity of the criminal legal system.