On Point

State v. Devin W. Felix, 2012 WI 36, reversing unpublished decision; for Felix: Leonard D. Kachinsky; case activity

Under Payton v. New York, 445 U.S. 573 (1980), warrantless arrest following nonconsensual entry of a home is illegal unless supported by probable cause and exigent circumstances. However, New York v. Harris,

Florence v. Board of Chosen Freeholders of County of Burlington et al., USSC No. 10-945, 4/2/12, affirming 621 F.3d 296 (3rd Cir. 2010)

A jail policy requiring that every detainee who will be admitted to the facility’s general population may be required to undergo close visual inspection while undressed is reasonable under the fourth amendment.

The question here is whether undoubted security imperatives involved in jail supervision override the assertion that some detainees must be exempt from the more invasive search procedures at issue absent reasonable suspicion of a concealed weapon or other contraband.

Monroe Ace Setser v. U.S., USSC No. 10-7387, 3/28/12, affirming 607 F.3d 128 (5th Cir 2010)

District courts have authority to make a sentence for a federal offense consecutive to an anticipated, but not-yet imposed state sentence. Sentencing Reform Act of 1984, 18 U. S. C. §3584, construed.

It is fundamental that we construe statutes governing the jurisdiction of the federal courts in light of “the common-law background against which the statutes .

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 his resident status at risk if he ever left the country.

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); 

Admiral Insurance Company v. Paper Converting Machine Co., 2012 WI 30; case activity

¶3   If we conclude that there is any ambiguity in an order or judgment about whether it disposes of the entire matter in litigation as to one or more of the parties, we will construe the ambiguity so as to preserve the right to appeal. …

…

¶26  We recently addressed what it means for a judgment or order to be final in Wambolt v.

court of appeals certification request; case activity

Voter ID Law 

(From the Certification:)

There are many issues in this case, but this certification focuses on the following questions:  (1) What level of judicial scrutiny should be employed in reviewing the plaintiffs’ challenge to the Act?  (2) Does the Wisconsin Constitution provide greater protection to voting rights than is guaranteed under the United States Constitution?  

court of appeals certification request; case activity

Voter ID Law 

(From the Certification:)

This appeal challenges a circuit court order that permanently enjoined implementation of those portions of 2011 Wisconsin Act 23 requiring Wisconsin electors to display government-authorized photo identification either at the polling place or to election officials by the Friday following an election.  The injunction was based upon the circuit court’s declaratory judgment that Act 23 violates article III,

court of appeals publication orders, 3/28/12

On Point posts from this list:

2012 WI App 33 State v. Sean T. Powell

2012 WI App 38 State v. Anthony C. Boyden

2012 WI App 39 State v. Terrence T. Boyd

State v. Michael E. Mings, 2011AP2467-CR, District 2, 3/28/12

court of appeals decision (1-judge, not for publication); for Mings: Daniel P. Fay, Erin Fay; case activity

¶12      Hallmark testified that he has completed many traffic stops in his three years as a police officer and that “most innocent public, motoring traffic, don’t usually pass … at that slow of speeds, especially when the lane is that wide and clear of traffic.”  Hallmark explained that the vehicle conducting the initial traffic stop had pulled into a driveway and that Hallmark’s vehicle was in the parking lane on Tenny Avenue.