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
39. Statutes
Village of Spring Green v. Michael D. Deignan, 2012AP1303, District 4, 2/28/13; court of appeals decision (1-judge, ineligible for publication); case activity The court of appeals rejects the claim that § 175.40(6), which authorizes an officer to arrest or provide aid or assistance anywhere in the state under written inter-agency agreements, should govern the lawfulness… Read more
State v. Tony J. Lalicata, 2012 WI App 138 (recommended for publication); case activity Probation is not an available disposition under § 948.02(1)(b) (child sexual assault). By mandating that “the court shall impose a bifurcated sentence” with a confinement portion of at least 25 years for that offense, § 939.616 forecloses the possibility of probation: ¶14 … We… Read more
Cesar Deleon v. Circuit Court for Brown County, 2012AP278, District 3, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Summary Contempt, §§ 785.01(1)(a), 785.04(2)(b) – “Unit” of Sanctionable Conduct Separate, consecutive punishments meted out for each of 11 profane utterances and 1 act of spitting during brief exchange with judge upheld, against… Read more
State v. Nathan J. Meinhardt, 2012 WI App 82 (recommended for publication); case activity Amendments to § 973.015(1)(a) (2009-10), which expanded the offender’s age-ceiling and the eligible pool of offenses, doesn’t apply retroactively. ¶3 The determinative issue in this case is whether the circuit court has the authority to apply the amended version of Wis. Stat.§ 973.015(1)(a) retroactively to Meinhardt’s… Read more
Panagis Vartelas v. Holder, USSC No. 10-1211, 3/28/12, reversing, 620 F.3d 108 (2nd Cir. 2010) Vartelas, a lawful permanent resident, pleaded guilty in 1994 to an offense that under then-settled law didn’t hinder his ability to take brief trips abroad. Congress, however, subsequently enacted the Illegal Immigration Reform and Immigrant Responsibility Act (“Act”), which did place… Read more
Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity ¶32 … The word “may” is ordinarily used to grant permission or to indicate possibility. See The American Heritage Dictionary of the English Language 1112 (3d ed. 1992). Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. Hitchcock v. Hitchcock, 78 Wis. 2d 214, 220, 254 N.W.2d 230 (1977); Schmidt… Read more
State v. Dylan S. / Renee B., 2012 WI App 25 (recommended for publication); for Dylan S.: Devon M. Lee, SPD, Madison Appellate; case activity; for Renee B.: Susan E. Alesia, SPD, Madison Appellate; case activity Delinquency – Sanctions – Municipal Truancy After finding the juveniles in violation of first-offense truancy under the local municipal… Read more
