by admin
on March 14, 2017
We’ve recently reinvigorated our Facebook and Twitter feeds. Besides notifications of new posts, the feeds also feature alerts of notable upcoming decisions and occasional links to on-point criminal law stories from around the internet. So click on the links in this post or those little buttons at the top of the banner, check out the feeds, and follow us!
We’ve also upgraded the blog’s search function so that you can see highlighted search terms in context on the results page, and results are returned in order of relevance. Check it out! We’ll never be Westlaw, but we hope this change makes On Point a more useful research tool.
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by admin
on March 10, 2017
Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19, 3/7/17, reversing a published court of appeals opinion, 2015WI App 74, case activity (including briefs)
Justice Kelly’s maiden majority opinion opens with a 4-page discussion of a subject both parties disavowed–the Second Amendment right to bear arms. According to the briefs, this case posed only an issue of statutory interpretation–essentially, whether §66.0409, which governs the “local regulation of weapons,” preempts a City of Madison Transit and Parking Commission rule that prohibits people from carrying weapons, including guns, on City buses.
By the end of the primer on the 2nd Amendment, you can predict the result: A 5-2 opinion reversing a unanimous court of appeals decision holding that §66.0409(2)’s plain language applies to a “political subsdivision’s” “ordinances” or “resolutions” not to a Transit Commission “rule” banning weapons. But you might not predict that the majority opinion would dial back the conservative “strict constructionist” approach to statutory interpretation adopted in State ex rel Kalal v. Cir. Ct. for Dane County. Henceforth, a statute’s text should be no obstacle to the interpretation you desire. [continue reading…]
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by admin
on March 9, 2017
State v. Thornon F. Talley, 2017 WI 21, 3/9/17, affirming an unpublished summary court of appeals order; case activity (including briefs)
Thornon Talley, who is committed as a sexually violent person under Wis. Stat. ch. 980, filed a petition for discharge from that commitment in 2012. The circuit court denied the petition without a hearing. The supreme court now unanimously upholds that denial, essentially because Talley did not show any meaningful change in his condition since his previous discharge trial (also in 2012).
[continue reading…]
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by admin
on March 9, 2017
State v. Randy Allen Lapp, 2016AP116-CR, 3/7/17, District 1 (not recommended for publication); case activity (including briefs)
Randy Lapp’s ineffective assistance claims are numerous and diverse, and the court of appeals quickly disposes of them. To wit: [continue reading…]
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by admin
on March 9, 2017
You’re familiar with how the justices split on merits cases in SCOW. But do you know how they vote in lawyer disciplinary cases? Today’s edition of SCOWstats crunches the numbers.
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by admin
on March 8, 2017
State v. Diamond J. Arberry, 2017 WI App 26, petition for review granted 6/16/17, affirmed, 2018 WI 7 ; case activity (including briefs)
Because a circuit court must decide whether to grant expungement under § 973.015 “at the sentencing proceeding,” State v. Matasek, 2014 WI 27, ¶45, 353 Wis. 2d 601, 846 N.W.2d 811, the court doesn’t have authority to consider expungement when it asked to do so in a defendant’s postconviction motion. [continue reading…]
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by admin
on March 8, 2017
State v. T.L.J., 2016AP1395, District 2, 3/8/2017 (one-judge decision; ineligible for publication); case activity
The circuit court did not erroneously exercise its discretion in granting the state’s petition to waive T.L.J. into adult court to face charges of armed robbery and operating a motor vehicle without owner’s consent. [continue reading…]
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by admin
on March 8, 2017
State v. Randolph Arthur Mantie, 2015AP2443-CR, 3/7/17, District 1 (not recommended for publication); case activity (including briefs)
As the court notes, the relevant events in this case took place at a “hard-to-describe intersection” so here’s a visual aid. [continue reading…]
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