On Point

State v. Scott E. Ziegler, 2012 WI 73, on certification; case activity

Interfering with Child Custody, § 948.31(2) – Elements

Language in State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332, that one method of violating § 948.31(2) (interference with child custody) requires the parent’s “initial permission” to take child, is now “withdrawn”:

¶52  Pursuant to the plain language of Wis.

Southern Union Company v. United States, USSC No. 11-94, 6/21/12, reversing 630 F.3d 17 (1st Cir 2010)

Criminal fines, no less than length of imprisonment, come within the “Apprendi” doctrine, such that a fine beyond the maximum statutory amount must be based on facts decided by the jury. Southern Union was tried for violating environmental laws carrying a fine of up to $50,000 per day in violation.

State v. Carl Cornelius Gilbert, Jr. / State v. Price T. Hunt, 2012 WI 72, affirming 2011 WI App 61; case activity (Gilbert), case activity (Hunt)

¶2   We are asked to decide whether Wisconsin Statutes chapter 980 (2005-06)[3] requires the dismissal of a pending commitment petition when the individual subject to the petition is re-incarcerated because of the revocation of parole or extended supervision.  

United States v. Alvarez, USSC No. 11-210 (6/28/12), affirming 638 F.3d 666 (9th Cir. 2011).

The Nation well knows that one of the costs of the First Amendment is that it protects the speech we detest as well as the speech we embrace.  Though few might find respondent’s statements anything but contemptible, his right to make those statements is protected by the Constitution’s guarantee of freedom of speech and expression.

Evan Miller v. Alabama, USSC No. 10-9646 / Kuntrell Jackson v. Hobbs, No. 10-9647, 6/25/12,  reversing 63 So. 3d 676 (Ala. Crim. App. 2010)

The two 14-year-old offenders in these cases were convicted of murder and sentenced to life imprisonment without the possibility of parole. In neither case did the sentencing authority have any discretion to impose a different punishment. State law mandated that each juvenile die in prison even if a judge or jury would have thought that his youth and its attendant characteristics,

State v. Jaredt E. Simonis, 2012 WI App 84 (recommended for publication); case activity

Although Simonis was properly ordered pursuant to § 973.047 provide a DNA sample, the sentencing court erroneously exercised discretion in ordering him under § 973.046 to pay the associated costs.

¶1        The sole issue on appeal is whether the circuit court properly exercised its discretion in ordering Jaredt Simonis to pay the DNA analysis surcharge pursuant to Wis.

Memorandum Decision on Recusal in: Wisconsin Judicial Commission v. David T. Prosser, Jr., 2012 WI 69 (Justice Crooks); case activity; companion decision: 2012 WI 43

Justice Crooks declines to recuse himself (with respect to the pending misconduct complaint against Justice Prosser) under the Rule of Necessity, namely the possible loss of a quorum (4 justices) and thus loss of ability altogether to resolve the matter:

This matter——involving discipline of a sitting Supreme Court justice arising from incidents with sitting justices that were witnessed by other sitting justices——places this court in a difficult position.

State v. Lee Roy Cain, 2012 WI 68, affirming unpublished decision; case activity

Post-Sentencing Plea-Withdrawal, Generally 

When a defendant satisfies the burden of showing, by clear and convincing evidence, the existence of a “manifest injustice,” the plea should be withdrawn as a matter of right:

¶26  …  State v. Daley sets out the following list of circumstances where manifest injustice occurs:[6]

1.

Question Presented

Rule 52(b) of the Federal Rules of Criminal Procedure permits an appellate court to correct a trial court’s “plain error” despite the lack of an objection in the trial court. In Johnson v. United States, 520 U.S. 461 (1997), this Court held that, when the governing law on an issue is settled against the defendant at the time of trial but then changes in the defendant’s favor by the time of appeal,

court of appeals publication orders, 6/27/12

On Point posts from this list:

2012 WI App 67 State v. Laurence W. Tucker

2012 WI App 68 State v. Andre L. Miller

2012 WI App 71 Karen Baker v. Department of Health Services

2012 WI App 72 David R. Turnpaugh v. State of Wisconsin Claims Board