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Case Digests

Expert Examination

Ake clearly established that when certain threshold criteria are met, the state must provide a defendant with access to a mental health expert who is sufficiently available to the defense and independent from the prosecution to effectively “conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.”

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Disgorgement

Because SEC disgorgement operates as a penalty under §2462, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued “The definition of “penalty” as a “punishment, whether corporal or pecuniary, imposed and enforced by the State, for a crime or offen[s]e against its laws,” Huntington v. Attrill, 146 U. S. 657, 667, gives rise to two principles.

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Forfeiture – Ownership Interest

Because forfeiture pursuant to §853(a)(1) is limited to property the defendant himself actually acquired as the result of the crime, that provision does not permit forfeiture with regard to Terry Honeycutt, who had no ownership interest in his brother’s store and did not personally benefit from the illegal sales.

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Due Process Violation – Military Law

At a general court-martial under the Wisconsin Code of Military Justice, WIS. STAT. ch. 322 (2015-2016), Sergeant First Class Jesse Riemer of the Wisconsin Army National Guard was convicted, pursuant to negotiated pleas made before a military judge, of various felony offenses involving Riemer’s use of “his position as a [military] recruiter to engage in wrongful conduct with recruits and enlisted members of the [Wisconsin Army National Guard].”

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Termination of Parental Rights

F.J.R. appeals an order terminating her parental rights for two of her biological children, B.M.R. and B.H.T. She argues that the trial court did not appropriately instruct the jury regarding the suspension of a visitation order issued by the court with regard to B.M.R., and seeks to vacate the termination of parental rights order for both children.

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