State v. Thomas W. Koeppen, 2014 WI App 94; case activity A “motor bicycle” is a bicycle with a motor added, and can be either pedaled or self-propelled using the motor, § 340.01(30). Whether a person can be charged under the OWI/PAC statute based on his operation of a motor bicycle depends on whether a motor bicycle is a “motor vehicle”… Read more
B. Construction
Kevin Loughrin v. United States, USSC No. 13-316, 2014 WL 2807180 (June 23, 2014), affirming United States v. Loughrin, 710 F.3d 1111 (10th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Resolving an issue that split the federal circuit courts, the Supreme Court holds that the section of the federal bank fraud statute that prohibits “knowingly execut[ing] a scheme… Read more
Abramski v. United States, USSC No. 12-1493, 2014 WL 2676779 (June 16, 2014), affirming United States v. Abramski, 706 F.3d 307 (4th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Resolving a split between federal circuit courts of appeal, the Supreme Court holds that the prohibition in 18 U. S. C. § 922(a)(6) against making false… Read more
On review of a published court of appeals decision; case activity Issues (composed by On Point) When, pursuant to Wis. Stat. § 973.015, a sentencing court orders the expunction of a defendant’s record upon successful completion of his sentence, does expunction occur automatically upon the circuit court clerk’s receipt of the defendant’s certificate of discharge… Read more
Carol Anne Bond v. United States, USSC No. 12-148 (June 2, 2014), reversing United States v. Bond, 681 F.3d 149 (3rd Cir. 2012); Scotusblog page (includes links to briefs and commentary) Avoiding a constitutional question about the limits on Congress’s power to pass legislation implementing an international treaty, a majority of the Supreme Court narrowly construes… Read more
State v. Kearney Hemp, 2014 WI App 34, petition for review granted 6/12/14, reversed 2014 WI 129; case activity Every so often there’s an opinion that makes you shake your head in disbelief. This is one of them. Hemp was convicted with 1 count of possession with intent to deliver THC, aka hemp. A court granted… Read more
Review of a published court of appeals decision; case activity Issue: Whether under § 973.015 the circuit court has the discretion to withhold its decision on expungement until after the defendant completes probation? Wis. Stat. § 973.015 authorizes the circuit court to expunge the record of a defendant under the age of 25 in certain situations… Read more
State v. Andrew J. Matasek, 2013 WI App 63, petition for review granted, affirmed, 2014 WI 27; case activity The plain language of § 973.015 requires the circuit court to decide at the time of sentencing whether the defendant’s conviction can be expunged on successful completion of the sentence: ¶9 Matasek is correct that Wis. Stat. § 973.015(1)(a) grants a court discretion… Read more
