On Point

Musacchio v. United States, USSC No. 14-1095, 2016 WL 280757 (January 25, 2016), affirming United States v. Musacchio, 590 Fed. Appx. 359 (5th Cir. 2014); Scotusblog page (including links to briefs and commentary)

Resolving a split among the federal circuits, a unanimous Supreme Court holds that when a jury instruction sets forth all the elements of the charged crime but incorrectly adds one more element, a sufficiency of evidence challenge is assessed against the elements of the charged crime, not against the erroneously heightened command in the jury instruction.

Cesar Flores-Ramirez v. Brian Foster, 7th Circuit Court of Appeals Case No. 15-1594, 1/22/16 (per curiam)

Flores-Ramirez is not entitled to a certificate of appealability in his challenge to the denial of his second federal habeas petition because two of his claims should have been brought in his first petition and the third claim doesn’t provide a basis for habeas relief.

State v. David J. Reidinger, 2015AP902, 1/26/16, District III (one-judge decision; ineligible for publication); case activity

Reidinger appeals his citation for violating an administrative code provision prohibiting disorderly conduct on University of Wisconsin System property. Two UW-Eau Claire students had complained to university police that he was watching pornographic material on a library computer. (¶¶2-3).

State v. Guadalupe Ronzon, 2015AP498, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity

Ronzon challenges the restitution award in her conviction of failing to fulfill her Wis. Stat. § 346.67 duty upon striking a vehicle with her car.

City of West Allis v. Teresa A. Michals, 2015AP1688 & 2015AP1689, District 1, 1/26/16 (one-judge decision; ineligible for publication); case activity (including briefs)

Police did not have reasonable suspicion to believe Michals was operating while intoxicated or in a “disorderly manner” in violation of a city ordinance.

City of Milwaukee v. Jerry D. Butler, 2015AP1537, 1/26/16, District 1 (one-judge decision; ineligible for publication); case activity

A pro se appellant’s failure to comply with briefing rules results in his appeal being dismissed as “defective.” (¶11).

“DIGs” as in “dismisse[s] as improvidently granted,” that is, leaving the Seventh Circuit’s grant of habeas relief intact.

Kansas v. Carr, USSC Nos. 14-449, 14-450, 14-452, 2016 WL 228342 (January 20, 2016); reversing and remanding Kansas v. (Jonathan) Carr, 329 P.3d 1195 (Kan. 2014), Kansas v. (Reginald) Carr, 331 P.3d 544 (Kan. 2014), and Kansas v. Gleason, 329 P.3d 1102 (Kan. 2014); Scotusblog page (includes links to briefs and commentary)

The Eighth Amendment does not require courts to instruct the jury deciding whether to impose the death penalty that the defendant does not have to prove mitigating circumstances beyond a reasonable doubt.

State v. M. E.-T., 2015AP625, 1/20/15, District 1 (one-judge decision; ineligible for publication); case activity

Despite the circuit court’s rather evident prejudgment of the outcome, its “lengthy and well-reasoned” decision showed that it properly exercised its discretion in denying M. E.-T.’s motion to stay the requirement that he register as a sex offender.

State v. A.C., 2015AP1604, 1/20/16, District 1 (one-judge decision; ineligible for publication); case activity

A petition alleging A.C. was delinquent contained sufficient facts to establish probable cause that A.C. acted as a party to the crime of operating a motor vehicle without the owner’s consent.