On Point: 39. Statutes

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court of appeals decision (1-judge, not for publication); for Beverly H.: Jeffrey W. Jensen; case activity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) controls the issue.

¶2        This Court disagrees with Beverly H.’s arguments on appeal. 

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 conclude that LIRC reasonably held that Wis.

FCC v. AT&T, USSC No. 09-1279, 3/1/11

The “personal privacy” exemption in the federal Freedom of Information Act doesn’t apply to corporations, though they are considered “persons” under the Act.

… Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun “crab” refers variously to a crustacean and a type of apple, while the related adjective “crabbed” can refer to handwriting that is “difficult to read,” Webster’s Third New International Dictionary 527 (2002);

Hakim Naseer v. Circuit Court for Grant County, 2010 WI App 142; pro se

Mandamus – Generally

¶4        A supervisory writ of mandamus is a mechanism by which a court may compel a public official to perform a legally obligated act. State ex rel. Robins v. Madden, 2009 WI 46, ¶10, 317 Wis. 2d 364, 766 N.W.2d 542. Because a supervisory writ “invokes our supervisory authority,

State v. Christopher Melendrez, 2009AP2070, District 4, 9/2/10

court of appeals decision (3-judge, not recommended for publication); for Melendrez: David R. Karpe; BiC; Resp.; Reply

SVP – Retroactivity of Qualifying Offense Legislation

Third-degree sexual assault wasn’t an SVP-qualifying offense when Melendrez plea-bargained a reduction of 2nd-degree sexual assault to 3rd. But by the time he was released from prison,

Dolan v. United States, USSC No. 09-367, 6/14/10

This case concerns the remedy for missing a statutory deadline. The statute in question focuses upon mandatory restitution for victims of crimes. It provides that “the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing.” 18 U. S. C. §3664(d)(5). We hold that a sentencing court that misses the 90-day deadline nonetheless retains the power to order restitution—at least where,

Barber v. Thomas, USSC No. 09-5201, 6/7/10

Credit for good behavior for a federal prisoner is awarded after, rather than before, the fact under 18 U. S. C. §3624(b)(1).

Of course, computation of federal sentence credit will ordinarily be a matter of indifference to the state practitioner, but the Court’s discussion of the rule of lenity may hold interest:

Fourth, petitioners ask us to invoke the rule of lenity and construe §3624 (2006 ed.) in their favor,

Carr v. U.S., USSC No. 08-1301, 6/1/10

… the Act established a federal criminal offense covering, inter alia, any person who (1) “is required to register under [SORNA],” (2) “travels in interstate or foreign commerce,” and (3) “knowingly fails to register or update a registration.” 18 U. S. C. §2250(a). At issue in this case is whether §2250 applies to sex offenders whose interstate travel occurred prior to SORNA’s effective date and,

State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply

¶1   … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides”

court of appeals decision; pro se; Resp. Br.

Appellate Procedure – Record Document not Included on Appeal
¶8 n.7:

To any extent that it is relevant to our analysis, we assume that the missing transcript of the March 23, 2009 hearing on the merits supports the circuit court’s ruling. See Fiumefreddo v. McLean, 174 Wis. 2d 10, 26-27, 496 N.W.2d 226 (Ct.