City of Milwaukee v. Jerry D. Butler, 2015AP1537, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity A pro se appellant’s failure to comply with briefing rules results in his appeal being dismissed as “defective.” (¶11). Butler appealed his municipal marijuana possession conviction, but his brief violated § 809.19 in ways “too numerous to mention” (¶10)—though… Read more
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“DIGs” as in “dismisse[s] as improvidently granted,” that is, leaving the Seventh Circuit’s grant of habeas relief intact. The case is Duncan v. Owens, USSC No. 14-1516 (dig that case number!). The issue (described here) was whether the Seventh Circuit “violated 28 U.S.C. § 2254 and a long line of this Court’s decisions by awarding habeas relief… Read more
Kansas v. Carr, USSC Nos. 14-449, 14-450, 14-452, 2016 WL 228342 (January 20, 2016); reversing and remanding Kansas v. (Jonathan) Carr, 329 P.3d 1195 (Kan. 2014), Kansas v. (Reginald) Carr, 331 P.3d 544 (Kan. 2014), and Kansas v. Gleason, 329 P.3d 1102 (Kan. 2014); Scotusblog page (includes links to briefs and commentary) The Eighth Amendment does not… Read more
State v. M. E.-T., 2015AP625, 1/20/15, District 1 (one-judge decision; ineligible for publication); case activity Despite the circuit court’s rather evident prejudgment of the outcome, its “lengthy and well-reasoned” decision showed that it properly exercised its discretion in denying M. E.-T.’s motion to stay the requirement that he register as a sex offender. As a result… Read more
State v. A.C., 2015AP1604, 1/20/16, District 1 (one-judge decision; ineligible for publication); case activity A petition alleging A.C. was delinquent contained sufficient facts to establish probable cause that A.C. acted as a party to the crime of operating a motor vehicle without the owner’s consent. ¶9 A.C. was charged as a party to the… Read more
County of Eau Claire v. Susan M. Sandas, 2015AP612 & 2015AP613, 1/20/16, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) The evidence was sufficient to prove Sandas was operating while intoxicated due to her use of Oxycodone and Fluoxitine despite the testimony from her primary care doctor that he had no evidence she… Read more
State v. Mustafa Z. Abdel-Hamid, 2015AP1517-CR, 1/20/16, District 1 (1-judge opinion, ineligible for publication); case activity, including briefs After being convicted of two counts of misdemeanor criminal damage to property, the defendant urged the court to grant expungement under Wis. Stat. §973.015. He pointed to his lack of criminal record, his excellent grades, his professional… Read more
Question presented: Whether a predicate prior conviction under the Armed Career Criminal Act must qualify as such under the elements of the offense simpliciter, without extending the modified categorical approach to separate statutory definitional provisions that merely establish the means by which referenced elements may be satisfied rather than stating alternative elements or versions of… Read more
