Review of a published court of appeals decision; case activity (including briefs) In this case the supreme court will address an important issue about the offense of using a computer to facilitate a child sex crime, § 948.075(1r). The court of appeals granted McKellips a new trial on a charge under that statute, holding the jury was erroneously… Read more
39. Statutes
Wisconsin Carry, Inc. & Thomas Waltz v. City of Madison, 2015 WI App 74, petition for review granted 1/11/16, reversed 2017 WI 19; case activity (including briefs) The state statute preempting certain local firearm regulations, § 66.0409(2), doesn’t apply to the rule prohibiting weapons on city buses adopted by the Madison Transit and Parking Commission. The plain… Read more
State v. Albert J. Chagnon, 2015 WI App 66; case activity (including briefs) Under § 948.14, no registered sex offender may intentionally “capture a representation” of a minor without consent of the minor’s parent or guardian. The phrase “captures a representation” is defined in § 942.09(1)(a) to mean “takes a photograph, makes a motion picture, videotape, or other… Read more
Question presented: Whether a state offense constitutes an aggravated felony under 8 U.S.C. § 1101(a)(43), on the ground that the state offense is “described in” a specified federal statute, where the federal statute includes an interstate commerce element that the state offense lacks. Lower court opinion: Torres v. Holder, 764 F.3d 152 (2nd Cir. 2014) Docket… Read more
City of Los Angeles v. Patel, USSC No. 13-1175, 2015 WL 2473445 (June 22, 2015), affirming 738 F.3d 1058 (9th Cir. 2013) (en banc); Scotusblog page (including links to briefs and commentary) A majority of the Supreme Court holds that a Los Angeles ordinance compelling hotel operators to make their guest registries available to police for inspection on demand is facially unconstitutional… Read more
State v. Rory A. McKellips, 2015 WI App 31, petition for review granted 11/16/15, reversed, 2016 WI 51; case activity (including briefs) McKellips is entitled to a new trial on charges he used a computer to facilitate a child sex crime because the jury was erroneously instructed to decide whether McKellips’s cell phone constituted a “computerized… Read more
Yates v. United States, USSC No. 13-7451, 2015 WL 773330 (February 25, 2015); reversing 733 F.3d 1059 (11th Cir. 2013); Scotusblog page In a four-one-four decision that is chock-a-block with nautical references and features some sparring about the canons and methods of statutory interpretation, the Supreme Court holds that the “anti-shredding provision” of the Sarbanes-Oxley Act of 2002, 18… Read more
State v. Robert J. Tisland, 2012AP1570-CR, District 4, 1/22/15 (not recommended for publication); case activity Even if two legislative acts made inconsistent changes to a criminal statute and meant the changes made by the earlier act were superseded by the later one, a charge filed under the provisions of the superseded act was not, under… Read more
