State v. Thornon F. Talley, 2017 WI 21, 3/9/17, affirming an unpublished summary court of appeals order; case activity (including briefs) Thornon Talley, who is committed as a sexually violent person under Wis. Stat. ch. 980, filed a petition for discharge from that commitment in 2012. The circuit court denied the petition without a hearing. The supreme… Read more
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State v. Jeffrey C. Denny, 2017 WI 17, reversing a published court of appeals decision; 2015AP202-CR, 2/28/2017; case activity (including briefs) In State v. Moran, 2005 WI 115, 284 Wis. 2d 24, 700 N.W.2d 884, the supreme court unanimously held that Wis. Stat. § 974.07, the postconviction DNA testing statute, provides two routes for a convicted… Read more
State v. David Hager, Jr., 2017 WI App 8, petition for review granted 5/15/17; reversed 4/19/18; case activity (including briefs) This is the first (likely) published case to construe the 2013 amendments to the ch. 980 discharge petition standard. The court of appeals holds that while the legislature required a committed person seeking a discharge… Read more
Question presented: Whether the U.S. Court of Appeals for the Sixth Circuit erred by holding, in direct conflict with the Courts of Appeals for the First, Fourth, Seventh, and Ninth Circuits, that a naturalized American citizen can be stripped of her citizenship in a criminal proceeding based on an immaterial false statement. Lower court opinion… Read more
Review of a published court of appeals decision; case activity (including briefs) Issues (from the petition for review and petition for cross-review) 1. Whether the offense under § 343.44(2)(ar)4. can be punished as either a misdemeanor or a felony in order to resolve ambiguity in the statutory language when the legislature’s intent was to create a… Read more
State v. Judith Ann Detert-Moriarty, 2017 WI App 2; case activity (including briefs) The Wisconsin Equal Access to Justice Act, § 814.245, doesn’t apply to a person who prevailed in a forfeiture action brought in the name of the State of Wisconsin because the clear statutory language covers only actions brought by “a state agency.” Detert-Moriarty… Read more
State v. Markus S. Holcomb, 2016 WI App 70; case activity (including briefs) “While sentence diagramming may be the bane of fifth graders everywhere, it is the trick of the trade in statutory construction.” Slip op. ¶9. “Punctuation too is important. . . . It can be the difference between ‘Let’s eat, Grandma!’ and ‘Let’s… Read more
State v. Ernesto E. Lazo Villamil, 2016 WI App 61, petitions for review and cross-review granted 1/9/2017, affirmed 2017 WI 74, ; case activity (including briefs) Lazo Villamil was convicted and sentenced for operating after revocation and causing death under § 343.44, one of the provisions of which says that the offense is both a misdemeanor and a… Read more
