1. Principles of

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

Luna Torres v. Lynch, USSC No. 14-1096, 2016 WL 2903424 (May 19, 2016), affirming Torres v. Holder, 764 F.3d 152 (2nd Cir. 2014); Scotusblog page (includes links to briefs and commentary) The definition of “aggravated felony” under federal immigration law, 8 U.S.C. § 1101(a)(43), has 21 subsections covering dozens of different crimes. Many of the subsections refer to offenses “described in”… Read more

St. Croix County Department of Health and Human Services v. Michael D. & Juanita A., 2016 WI 35, 05/12/2016, reversing an unpublished court of appeals decision; case activity Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607, finds itself roundly praised and deeply buried by our high court. There are… Read more

Lester Ray Nichols v. United States, USSC No. 15-5238, 2016 WL 1278473, (April 4, 2016), reversing United States v. Nichols, 775 F.3d 1225 (10th Cir. 2014); Scotusblog page (including links to briefs and commentary) In a unanimous opinion of limited impact, the Supreme Court holds that a prior version of SORNA did not require a registered sex… Read more

State v. John Steven Duewell, 2015AP43-44-CR, 3/23/16, District 1 (not recommended for publication); case activity (including briefs) In a decision that seems to conflict directly with State v. Torbeck, 2012 WI App 106, 344 Wis. 2d 299, 821 N.W.2d 414, see our post here, the court of appeals holds that carburetor cleaner is an intoxicant… Read more

Lockhart v. United States, USSC No. 14-8358, 2016 WL 782862  (March 1, 2016); affirming United States v. Lockhart, 749 F.3d 148 (2nd Cir. 2014); Scotusblog page (including links to briefs and commentary) Under 18 U.S.C. § 2252(b)(2), a defendant convicted of possessing child pornography must be given a prison term of at least ten years if the defendant “has a prior conviction… Read more

Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point) Does the state statute preempting certain local firearm regulations, § 66.0409(2), apply to the Madison Transit and Parking Commission’s rule prohibiting weapons on city buses? As described in our post on the court of appeals decision, the court of… Read more