Southern Union Company v. United States, USSC No. 11-94, 6/21/12, reversing 630 F.3d 17 (1st Cir 2010) Criminal fines, no less than length of imprisonment, come within the “Apprendi” doctrine, such that a fine beyond the maximum statutory amount must be based on facts decided by the jury. Southern Union was tried for violating environmental laws carrying a fine of… Read more
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State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2012 WI 72, affirming 2011 WI App 61; case activity (Gilbert), case activity (Hunt) ¶2 We are asked to decide whether Wisconsin Statutes chapter 980 (2005-06)[3] requires the dismissal of a pending commitment petition when the individual subject to the petition is re-incarcerated because of the revocation of parole or… Read more
United States v. Alvarez, USSC No. 11-210 (6/28/12), affirming 638 F.3d 666 (9th Cir. 2011). The Nation well knows that one of the costs of the First Amendment is that it protects the speech we detest as well as the speech we embrace. Though few might find respondent’s statements anything but contemptible, his right to… Read more
Evan Miller v. Alabama, USSC No. 10-9646 / Kuntrell Jackson v. Hobbs, No. 10-9647, 6/25/12, reversing 63 So. 3d 676 (Ala. Crim. App. 2010) The two 14-year-old offenders in these cases were convicted of murder and sentenced to life imprisonment without the possibility of parole. In neither case did the sentencing authority have any discretion to… Read more
State v. Jaredt E. Simonis, 2012 WI App 84 (recommended for publication); case activity Although Simonis was properly ordered pursuant to § 973.047 provide a DNA sample, the sentencing court erroneously exercised discretion in ordering him under § 973.046 to pay the associated costs. ¶1 The sole issue on appeal is whether the circuit court… Read more
Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 69 (Justice Crooks); case activity; companion decision: 2012 WI 43 Justice Crooks declines to recuse himself (with respect to the pending misconduct complaint against Justice Prosser) under the Rule of Necessity, namely the possible loss of a quorum (4 justices) and thus… Read more
State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity Post-Sentencing Plea-Withdrawal, Generally When a defendant satisfies the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right: ¶26 … State v. Daley sets out the following list of circumstances where manifest… Read more
Question Presented Rule 52(b) of the Federal Rules of Criminal Procedure permits an appellate court to correct a trial court’s “plain error” despite the lack of an objection in the trial court. In Johnson v. United States, 520 U.S. 461 (1997), this Court held that, when the governing law on an issue is settled against… Read more
