39. Statutes

Abramski v. United States, USSC No. 12-1493, 2014 WL 2676779 (June 16, 2014), affirming United States v. Abramski, 706 F.3d 307 (4th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Resolving a split between federal circuit courts of appeal, the Supreme Court holds that the prohibition in 18 U. S. C. § 922(a)(6) against making false… Read more

On review of a published court of appeals decision; case activity Issues (composed by On Point) When, pursuant to Wis. Stat. § 973.015, a sentencing court orders the expunction of a defendant’s record upon successful completion of his sentence, does expunction occur automatically upon the circuit court clerk’s receipt of the defendant’s certificate of discharge… Read more

Carol Anne Bond v. United States, USSC No. 12-148 (June 2, 2014), reversing United States v. Bond, 681 F.3d 149 (3rd Cir. 2012); Scotusblog page (includes links to briefs and commentary) Avoiding a constitutional question about the limits on Congress’s power to pass legislation implementing an international treaty, a majority of the Supreme Court narrowly construes… Read more

State v. Megan A. Padley, 2014 WI App 65; case activity The implied consent statute that allows an officer to ask for a driver for a blood sample when the officer lacks probable cause to arrest for OWI but has “reason to believe” the driver committed a traffic violation, § 343.305(3)(ar)2., is not facially unconstitutional. In addition, Padley’s consent to the blood… Read more

State v. Kearney Hemp, 2014 WI App 34, petition for review granted 6/12/14, reversed 2014 WI 129; case activity Every so often there’s an opinion that makes you shake your head in disbelief.  This is one of them. Hemp was convicted with 1 count of possession with intent to deliver THC, aka hemp.  A court granted… Read more

Review of a published court of appeals decision; case activity Issue:  Whether under § 973.015 the circuit court has the discretion to withhold its decision on expungement until after the defendant completes probation? Wis. Stat. § 973.015 authorizes the circuit court to expunge the record of a defendant under the age of 25 in certain situations… Read more

State v. Michael E. Mauermann, 2012AP2568-CR, District 4, 7/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Iowa County Ordinance § 600.08 provides that “[n]o person shall operate a motor vehicle so as to make any loud, disturbing or unnecessary noise in or about any public street, alley, park or private residence which may… Read more