State v. Rogelio Guarnero, 2014 WI App 56, petition for review granted 11/14/14, affirmed, 2015 WI 72; case activity: 2013AP1753-CR; 2013AP1754-CR Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act was a conviction for a crime “under a statute … relating to controlled substances,” and therefore qualified as a prior offense under the repeat drug… Read more
1. Applicability of
Question presented: Whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act? Lower court opinion: United States v. Johnson, No. 12-3123, 2013 WL 3924343 (8th Cir. 2013) (per curiam) (unpublished) Docket Scotusblog page Of interest to federal practitioners, this case will resolve a split between… Read more
State v. Richard W. Delaney, 2003 WI 9, affirming unpublished decision For Delaney: Joseph R. Cincotta Issue/Holding: ¶1 … Specifically, Delaney asks this court to determine whether Wis. Stat. § 939.62 (1999-2000) was properly applied to his already enhanced OWI offense under Wis. Stat. § 346.65(2)(c), based on the existence of a past non-OWI offense, so as to enhance… Read more
State v. Paul R. Maxey, 2003 WI App 94 For Maxey: Douglas I. Henderson Issue/Holding: A sentence may be enhanced by both the general repeater provision of § 939.62(1)(b) (1999-2000) and § the specific repeat drug offender provision of § 961.48(2) (1999-2000), given the rationale of State v. Richard W. Delaney, 2003 WI 9: ¶14. In summary… Read more
State v. Michael A. Sveum, 2002 WI App 105, PFR filed 5/10/02 For Sveum: Ian A.J. Pitz Issue/Holding: A repeater enhancement applies only to a crime, which is an offense prohibited by state law and punishable by fine and/or imprisonment. Violation of harassment injunction fits this definition and therefore supports repeater enhancement. State v. Carpenter, 179 Wis. 2d… Read more
State v. Paul Delao Quiroz, 2002 WI App 52 For Quiroz: Chad G. Kerkman Issue: Whether the maximum penalty for first-degree reckless endangerment of safety, enhanced by while armed and gang-related provisions, was 13 or 14 years. Holding: ¶13 … [State v. Pernell, 165 Wis. 2d 651, 656, 478 N.W.2d 297 (Ct. App. 1991)] establishes that… Read more
