State v. Ali Garba, 2015AP1243-CR, District 2, 10/5/16 (one-judge decision; ineligible for publication); case activity (including briefs) Garba wanted to present testimony from two expert witnesses about possible reliability problems with the gas chromatography tests of his blood, but the circuit court wouldn’t let him. The court of appeals holds the circuit court properly exercised… Read more
13. Due Process
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
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
Walker Whatley v. Dushan Zatecky, 7th Circuit Court of Appeals No. 14-2534, 2016 WL 4269805, 8/15/16 The maximum penalty for Whatley’s drug possession conviction was dramatically increased—from 2-to-8 years to 20-to-50 years—under a now-repealed Indiana penalty enhancer for drug offenses committed within 1,000 feet of a “youth program center,” defined as a “building or structure that… Read more
McDonnell v. United States, USSC No. 15-474, 2016 WL 3461561 (June 27, 2016), reversing United States v. McDonnell, 792 F.3d 478 (4th Cir. 2015); Scotusblog page (includes links to briefs and commentary) While he was governor of Virginia, Bob McDonnell, along with his wife, accepted gifts and favors worth about $175,000 from a businessman who was… Read more
Review of a published court of appeals decision; case activity (including briefs) Issues (from petition for review): Does Wis. Stat. §19.356 preclude petitioners from seeking a declaratory judgment that the DOJ’s alias name policy violates Wisconsin’s public records law? Don’t be misled by the bland statement of the first issue. Teague has asked SCOW to decide… Read more
State v. Karl L. Quigley, 2016 WI App 53; case activity (including briefs) Karl Quigley confessed to sex offenses during an interrogation by a police detective, and later confessed to additional offenses while being questioned by his probation officer. The court of appeals rejects his Miranda challenge to his initial confession, but agrees that the… Read more
Williams v. Pennsylvania, USSC No. 15-5040, 2016 WL 3189529 (June 9, 2016), vacating and remanding Commonwealth v. Williams, 105 A.3d 1234 (Pa. 2014); Scotusblog page (includes links to briefs and commentary) When he was district attorney of Philadelphia, Ronald Castille authorized a subordinate to seek a death sentence in Terrance Williams’s murder trial. Thirty years later… Read more
