State v. Lamont L. Travis, 2013 WI 38, affirming published court of appeals decision, 2012 WI App 46, 340 Wis. 2d 639, 813 N.W.2d 702; case activity ¶9 The question of law presented to this court is whether a circuit court’s imposition of a sentence using inaccurate information that the defendant was subject to a mandatory minimum five-year period… Read more
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County of Fond Du Lac v. Nathan M. Kohlwey, 2013AP101-FT, District 2, May 1, 2013; (not recommended for publication); case activity. This appeal may take the prize for the skimpiest briefs–the appellant’s is 6 pages and the respondent’s is 3. This post is even shorter. After receiving a 911 call about a driver who had… Read more
State v. Nely B. Robles, 2013 WI App 76; case activity. Issue: When accepting a guilty plea is the circuit court required to specify whether the defendant is pleading to a felony or a misdemeanor? Robles sought to withdraw her guilty plea on the grounds that the circuit court’s failure to specify the designation of the… Read more
State v. Andrew J. Matasek, 2013 WI App 63, petition for review granted, affirmed, 2014 WI 27; case activity The plain language of § 973.015 requires the circuit court to decide at the time of sentencing whether the defendant’s conviction can be expunged on successful completion of the sentence: ¶9 Matasek is correct that Wis. Stat. § 973.015(1)(a) grants a court discretion… Read more
Jonathan Edward Boyer v. Louisiana, USSC 11-9953, 4/29/13 United States Supreme Court order and opinions, dismissing, as improvidently granted, the writ of certiorari to review State v. Boyer, 56 So. 3d 1119 (La. Ct. App. 2011). As explained in our post on the grant of certiorari, the issue was whether and how the state’s failure… Read more
Questions Presented: 1. Whether the crime of distribution of drugs causing death under 21 U.S.C. § 841 is a strict liability crime, without a foreseeability or proximate cause requirement. 2. Whether a person can be convicted for distribution of heroin causing death utilizing jury instructions which allow a conviction when the heroin that was distributed… Read more
Adrian Moncrieffe v. Eric Holder, Attorney General, USSC 11-702, 4/23/13 United States Supreme Court decision, reversing Moncrieffe v. Holder, 662 F.3d 387 (5th Cir. 2011) In an important case for noncitizens charged with marijuana delivery or distribution offenses, the Supreme Court holds that a conviction for marijuana distribution under state law is not an “aggravated felony”… Read more
Fond du Lac County v. Ian A. Niquette, 2012AP2708, District 2, 4/24/13; court of appeals decision (1-judge, ineligible for publication); case activity Police had probable cause to have Niquette do a PBT despite his good performance on the field sobriety tests, applying State v. Felton, 2012 WI App 114, ¶10, 344 Wis. 2d 483, 824… Read more
