State v. Jeffrey L. Elverman, 2015 WI App 91; case activity (including state’s brief) The court rejects all challenges to a conviction of theft of more than $10,000. The issues mostly spring from the state’s use of Wis. Stat. § 971.36(4), which permits, under certain circumstances, the aggregation of multiple thefts into a single count. Elverman was a lawyer… Read more
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Question presented: Whether 42 U.S.C. § 16913(a) requires a sex offender who resides in a foreign country to update his registration in the jurisdiction where he formerly resided. Lower court opinion: United States v. Nichols, 775 F.3d 1225 (10th Cir. 2014) Docket Scotusblog page The resolution of this question will be of interest to federal criminal law… Read more
Seriously! The public is urged to send cards, gifts and flowers to their favorite lawyers and judges to show their appreciation for their good work. No lawyer bashing allowed today! Read all about it here. On Point can’t send you all flowers, but we do appreciate the challenging, noble work you do day in and… Read more
On review of a court of appeals certification; case activity Issue (from certification) Does a defendant’s right to due process prohibit a circuit court from relying on COMPAS assessments when imposing sentence, either because the proprietary nature of COMPAS prevents defendants from challenging the COMPAS assessment’s scientific validity, or because COMPAS assessments take gender into… Read more
Review of an unpublished court of appeals decision; case activity (including briefs) Issue (composed by the order granting review) Whether a sentencing court may rely on a defendant’s illegal immigrant status as a factor in fashioning a sentence; and if such reliance is improper, whether it is structural error or subject to harmless error analysis… Read more
Review of a published court of appeals decision; case activity; petition for review; response and cross petition; order granting review Issues (from Singh’s petition and the State’s cross petition) Whether the retroactive application of provisions of 2011 Wisconsin Act 38, which repealed provisions of 2009 Wisconsin Act 28 that gave inmates the opportunity to apply… Read more
Review of a published court of appeals decision; case activity Issue (composed by On Point) Is an elected district attorney a public “employee” who may enjoin the release of records under the open records law because they relate to employee discipline? While this case doesn’t present an issue bearing on the day-to-day practice of indigent defense… Read more
State v. Jamie R. Anderson, 2015 WI App 92; case activity (including briefs) Answering a question lingering since the Truth-in-Sentencing revisions that took effect in 2003 (TIS-II), the court of appeals holds that a person serving a bifurcated prison sentence for a misdemeanor enhanced under the repeater statute, § 939.62(1)(a), is eligible to petition for a sentence… Read more
