Panagis Vartelas v. Holder, USSC No. 10-1211, 3/28/12, reversing, 620 F.3d 108 (2nd Cir. 2010) Vartelas, a lawful permanent resident, pleaded guilty in 1994 to an offense that under then-settled law didn’t hinder his ability to take brief trips abroad. Congress, however, subsequently enacted the Illegal Immigration Reform and Immigrant Responsibility Act (“Act”), which did place… Read more
39. Statutes
Heritage Farms, Inc. v. Markel Insurance Company, 2012 WI 26; case activity ¶32 … The word “may” is ordinarily used to grant permission or to indicate possibility. See The American Heritage Dictionary of the English Language 1112 (3d ed. 1992). Accordingly, when interpreting a statute, we generally construe the word “may” as permissive. Hitchcock v. Hitchcock, 78 Wis. 2d 214, 220, 254 N.W.2d 230 (1977); Schmidt… Read more
State v. Dylan S. / Renee B., 2012 WI App 25 (recommended for publication); for Dylan S.: Devon M. Lee, SPD, Madison Appellate; case activity; for Renee B.: Susan E. Alesia, SPD, Madison Appellate; case activity Delinquency – Sanctions – Municipal Truancy After finding the juveniles in violation of first-offense truancy under the local municipal… Read more
Question Presented (composed by Scotusblog): Whether the Fair Sentencing Act of 2010 applies in an initial sentencing proceeding that takes place on or after the statute’s effective date if the offense occurred before that date. Hill: Scotusblog page; consolidated with Dorsey (lower court decision: United States v. Fisher, 635 F.3d 336 (7th Cir. 2011)) The Fair Sentencing Act… Read more
Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity Juvenile Delinquency Disposition – Expelled Student A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled. ¶5 We conclude: … (2) A circuit court does not… Read more
Steven T. Kilian v. Mercedes-Benz USA, LLC, 2011 WI 65; case activity Statutory Construction – Legislative Acquiesence ¶30 n. 12: “Legislative failure to act is ordinarily weak evidence of legislative intention to acquiesce in or countenance a judicial or executive branch interpretation. . . . Under proper circumstances, however, inaction by the legislature may be… Read more
State v. Beverly H., 2011AP536, District 1, 6/21/11 court of appeals decision (1-judge, not for publication); for Beverly H.: Jeffrey W. Jensen; case activity The trial court didn’t err in denying the parent’s request for an adjournment of dispositional hearing, following jury verdict finding grounds to terminate. The court of appeals rejects the argument that § 48.31(7)(a)… Read more
Rock Tenn Company v. Labor and Industry Review Commission, 2011 WI App 93 (recommended for publication); case activity A worker’s compensation provision authorizing payment “for any future treatment” enacted after a work-related injury was incurred is remedial in nature and therefore can “be retroactively applied to award prospective treatment expenses.” ¶13 We reject Rock Tenn’s argument and… Read more
