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
39. Statutes
State v. Megan A. Padley, 2014 WI App 65; case activity The implied consent statute that allows an officer to ask for a driver for a blood sample when the officer lacks probable cause to arrest for OWI but has “reason to believe” the driver committed a traffic violation, § 343.305(3)(ar)2., is not facially unconstitutional. In addition, Padley’s consent to the blood… 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. Michael E. Mauermann, 2012AP2568-CR, District 4, 7/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Iowa County Ordinance § 600.08 provides that “[n]o person shall operate a motor vehicle so as to make any loud, disturbing or unnecessary noise in or about any public street, alley, park or private residence which may… 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
Indiana ban on sex offenders using social networking and social media sites violates First Amendment
Doe v. Prosecutor, Marion County, Indiana, Case No. 12-2512, 1/23/13; Seventh Circuit Court of Appeals decision A recent Indiana statute prohibits most registered sex offenders from using social networking websites, instant messaging services, and chat programs. John Doe, on behalf of a class of similarly situated sex offenders, challenges this law on First Amendment grounds… Read more
Questions Presented: 1. Do the Constitution’s structural limits on federal authority impose any constraints on the scope of Congress’ authority to enact legislation to implement a valid treaty, at least in circumstances where the federal statute, as applied, goes far beyond the scope of the treaty, intrudes on traditional state prerogatives, and is concededly unnecessary… Read more
