≡ Menu

39. Statutes

Statutory Construction: Lenity

Barber v. Thomas, USSC No. 09-5201, 6/7/10 Credit for good behavior for a federal prisoner is awarded after, rather than before, the fact under 18 U. S. C. §3624(b)(1). Of course, computation of federal sentence credit will ordinarily be a matter of indifference to the state practitioner, but the Court’s discussion of the rule of… Read more

{ 0 comments }

Carr v. U.S., USSC No. 08-1301, 6/1/10 … the Act established a federal criminal offense covering, inter alia, any person who (1) “is required to register under [SORNA],” (2) “travels in interstate or foreign commerce,” and (3) “knowingly fails to register or update a registration.” 18 U. S. C. §2250(a). At issue in this case… Read more

{ 0 comments }

State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply ¶1   … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides”… Read more

{ 0 comments }

court of appeals decision; pro se; Resp. Br. Appellate Procedure – Record Document not Included on Appeal ¶8 n.7: To any extent that it is relevant to our analysis, we assume that the missing transcript of the March 23, 2009 hearing on the merits supports the circuit court’s ruling. See Fiumefreddo v. McLean, 174 Wis. 2d… Read more

{ 0 comments }

State v. Thomas H.L. Barfell, 2010 WI App 61; for Barfell: Roberta A. Heckes; BiC; Resp. Br.; Reply Br.; App. Supp. Br.; Resp. Supp. Br. Sentencing – Guidelines, General Purpose ¶7        While Barfell is correct that he “has a due process right ‘to be sentenced on the basis of true and correct information’ pertaining to ‘the offense and the circumstances of its… Read more

{ 0 comments }

court of appeals decision; for Freer: Suzanne L. Hagopian Intimidation of Crime Victim, § 940.44(2), Intimidation Occurring after Complaint Filed Intimidation of a crime victim, § 940.44(2), isn’t restricted to conduct occurring before the victim reports the crime to the police but, rather, covers conduct after the complaint has been filed: ¶24 In light of… Read more

{ 0 comments }
RSS