Marcus Burrage v. United States, USSC 12-7515, 1/27/14, reversing United States v. Burrage, 687 F.3d 1015 (8th Cir. 2012). Docket here. SCOTUSblog analysis here. The Uniform Controlled Substances Act imposes a 20-year mandatory minimum sentence on a defendant who unlawfully distributes a Schedule I or II drug, when “death or serious bodily injury results from… Read more
D. Ch. 940: Against life/body
State v. Antonio Reyes-Ortiz, 2013AP268-CR, District 1, 11/26/13; court of appeals decision (not recommended for publication); case activity Reyes-Ortiz argued there was an insufficient factual basis for his plea to first degree reckless injury because the victim’s injuries rose only to the level of “substantial bodily harm” under § 939.22(38), not “great bodily harm” under § 939.22(14), as… Read more
State v. Michael L. Cramer, 2012AP2547; District 1; October 15, 2013 (not recommended for publication); case activity A jury convicted Cramer of 1st-degree reckless homicide for the death of his 10-week old son. Both the Milwaukee County medical examiner and the attending physician testified for the State at trial. In their opinions, the baby died… Read more
State v. Greg LaPean, 2012AP2309-CR, District 3, 9/26/13 (not recommended for publication); case activity This case boils down to whether LaPean transferred encumbered farm equipment with intent to defraud his lender, Security State Bank, in violation of § 943.84(2)(a); Wis JI-Criminal 1470. LaPean asserted the real controversy was not tried due to an incomplete instruction on intent, there… Read more
State v. James D. Hills, 2012AP1901-CR, District 4, 4/11/13; court of appeals decision (not recommended for publication); case activity Hills sent letters and made at least one phone call to an assistant city attorney (ACA) who, he believed, had wrongfully prosecuted him under the city’s disorderly conduct ordinance. In those communications he berated the ACA (calling… Read more
State v. Dylan T.W., 2012AP1761-FT, District 2, 12/12/12 court of appeals decision (1 judge; ineligible for publication); case activity Evidence held sufficient to support delinquency adjudication for felony battery where juvenile pushed a whiteboard into a teacher and then injured the same teacher by forcefully opening a door in the teacher’s path. Arguments the juvenile… Read more
State v. Gary M. Hemmingway, 2012 WI App 133; case activity Stalking, § 940.32(2m)(a), which previously survived overbreadth and vagueness challenges based on rights to travel and equal protection, State v. Ruesch, 214 Wis. 2d 548, 571 N.W.2d 898 (Ct. App. 1997), now withstands a free-speech challenge: The statute isn’t a facially overbroad regulation of protected… Read more
State v. William F. Vollbrecht, 2012AP49-CR, District 3, 11/6/12, court of appeals decision (not recommended for publication); case activity Evidence held sufficient to sustain conviction for first-degree intentional homicide. The jury was entitled to reject Vollbrecht’s testimony that the shot he fired into his ex-girlfriend’s new boyfriend was accidental. ¶12 Vollbrecht’s argument fails on two fronts. First, consistent… Read more
