Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity Juvenile Delinquency Disposition – Expelled Student A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled. ¶5 We conclude: … (2) A circuit court does not… Read more
39. Statutes
Steven T. Kilian v. Mercedes-Benz USA, LLC, 2011 WI 65; case activity Statutory Construction – Legislative Acquiesence ¶30 n. 12: “Legislative failure to act is ordinarily weak evidence of legislative intention to acquiesce in or countenance a judicial or executive branch interpretation. . . . Under proper circumstances, however, inaction by the legislature may be… Read more
State v. Beverly H., 2011AP536, District 1, 6/21/11 court of appeals decision (1-judge, not for publication); for Beverly H.: Jeffrey W. Jensen; case activity The trial court didn’t err in denying the parent’s request for an adjournment of dispositional hearing, following jury verdict finding grounds to terminate. The court of appeals rejects the argument that § 48.31(7)(a)… Read more
Rock Tenn Company v. Labor and Industry Review Commission, 2011 WI App 93 (recommended for publication); case activity A worker’s compensation provision authorizing payment “for any future treatment” enacted after a work-related injury was incurred is remedial in nature and therefore can “be retroactively applied to award prospective treatment expenses.” ¶13 We reject Rock Tenn’s argument and… Read more
FCC v. AT&T, USSC No. 09-1279, 3/1/11 The “personal privacy” exemption in the federal Freedom of Information Act doesn’t apply to corporations, though they are considered “persons” under the Act. … Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun “crab” refers variously… Read more
Hakim Naseer v. Circuit Court for Grant County, 2010 WI App 142; pro se Mandamus – Generally ¶4 A supervisory writ of mandamus is a mechanism by which a court may compel a public official to perform a legally obligated act. State ex rel. Robins v. Madden, 2009 WI 46, ¶10, 317 Wis. 2d 364, 766 N.W.2d 542. Because a supervisory… Read more
State v. Christopher Melendrez, 2009AP2070, District 4, 9/2/10 court of appeals decision (3-judge, not recommended for publication); for Melendrez: David R. Karpe; BiC; Resp.; Reply SVP – Retroactivity of Qualifying Offense Legislation Third-degree sexual assault wasn’t an SVP-qualifying offense when Melendrez plea-bargained a reduction of 2nd-degree sexual assault to 3rd. But by the time he… Read more
Dolan v. United States, USSC No. 09-367, 6/14/10 This case concerns the remedy for missing a statutory deadline. The statute in question focuses upon mandatory restitution for victims of crimes. It provides that “the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing.” 18… Read more
