Questions presented: Johnson v. United States, 135 S. Ct. 2551 (2015) found the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(B)(ii)(defining “violent felony”) unconstitutionally vague. That clause is identical to the residual cause in the career-offender provision of the United States Sentencing Guidelines, U.S.S.G. § 4B1.2(a)(2)(defining “crime of violence”) (1) Whether… Read more
1. Applicability of
Richard Mathis v. United States, USSC No. 15-6092, 2016 WL 343440, 579 U.S. ___ (June 23, 2016), reversing United States v. Mathis, 786 F.3d 1068 (8th Cir. 2015); Scotusblog page (includes links to briefs and commentary) In this decision the Court, by a 5-to-3 vote, reaffirms its long-standing rule that the “categorical approach,” which focuses on the elements of… Read more
State v. Gavin S. Hill, 2016 WI App 29; case activity (including briefs) The court of appeals holds that the standards for alleging and applying the ordinary repeater enhancer under § 939.62 also govern the domestic abuse repeater enhancer under § 939.621. Thus, the state must either prove that the defendant was convicted of the required predicate… 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
State v. Rogelio Guarnero, 2015 WI 72, 7/9/15, affirming a published court of appeals decision; majority by Roggensack; dissent by Bradley (joined by Abrahamson); case activity (including briefs) In a decision that is short on analysis and long on Sixth Amendment problems, the supreme court holds that Guarnero’s prior conviction for conspiring to violate the Federal Racketeer Influenced and… Read more
Question presented: Whether the mandatory minimum sentence prescribed in 18 U.S.C. § 2252(b)(2)—which requires a prison term of at least ten years if a defendant convicted of possessing child pornography “has a prior conviction … under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or… Read more
Review of a published court of appeals decision; case activity: 2013AP1753-CR; 2013AP1754-CR Issue (composed by On Point) Does Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act qualify as a prior offense under the repeat drug offender enhancement provision of § 961.41(3g)(c) because the RICO conviction’s predicate acts involved, among other things, controlled substance… Read more
State v. Adam W. Miller, 2013AP2218; 6/5/14; District 4 (not recommended for publication); case activity The court of appeals holds that a circuit court may apply the § 939.62(1)(c) penalty enhancer to increase Miller’s term of initial confinement beyond the maximum prescribed by law without first imposing the maximum term of imprisonment, as in the maximums for… Read more
