Question presented: Whether 18 U.S.C. 16(b), as incorporated into the Immigration and Nationality Act’s provisions governing an alien’s removal from the United States, is unconstitutionally vague. Lower Court opinion: Dimaya v. Lynch, 803 F.3d 1110 (2015); USSC docket; Scotusblog page Here we have the latest fallout from Johnson v. United States, 135 S. Ct. 2551 (2015), which struck… Read more
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Dane County DHS v. C.N., 2016AP1472-1473, District 4, 9/29/16 (1-judge opinion, ineligible for publication); case activity C.N. argued that in considering the best of her children the circuit court placed too much weight on her lengthy separation from her children and not enough weight on the progress she had made toward meeting the conditions of… Read more
Question presented: Colorado, like many states, imposes various monetary penalties when a person is convicted of a crime. But Colorado appears to be the only state that does not refund these penalties when a conviction is reversed. Rather, Colorado requires defendants to prove their innocence by clear and convincing evidence to get their money back… Read more
State v. Kenneth M. Asboth, Jr., 2015AP2052-CR, 9/29/16, District 4 (not recommended for publication); petition for review granted 1/9/17; affirmed 2017 WI 76; case activity (including briefs) Police suspected Kenneth Asboth in a bank robbery. They received a tip that he would be at a storage facility, and converged there, where they arrested him. They also decided to… Read more
Are you troubled by the recent erosion of the Fourth Amendment? Do you want to protect your home from police intrusions? Two law professors have an ingenious solution: The Fourth Amendment Security System LAWn sign. Seriously. They are available for purchase. Click here for more details… Read more
How many more years would SCOW have to work to match the output of the Iowa and Minnesota Supreme Courts? What hinders SCOW’s productivity? Today’s edition of SCOWstats ponders these and other riddles of the Wisconsin Supreme Court… Read more
SCOTUS has already filled almost half of its docket for the 2016-2017 term. Click here for a sneak peek at the civil and criminal cases it is set to decide… Read more
R.J.M. v. M.R.H., 2016AP1307, 9/22/2016, District 4 (1-judge decision, ineligible for publication); case activity M.R.H. appeals the termination of his parental rights to his son, arguing that the jury during the grounds phase should not have heard (1) that he had previously been willing to voluntarily terminate his rights or (2) that his son wanted… Read more
