Weekly Case Digests — June 11-June 15, 2018
Weekly Case Digests — June 11-June 15, 2018
Writ of Certiorari – Injunctive Relief – Abortion
Jane Doe, a minor, was eight weeks pregnant when she unlawfully crossed the border into the United States.
Statutory Interpretation – Bankruptcy
The Bankruptcy Code prohibits debtors from discharging debts for money, property, services, or credit obtained by “false pretenses, a false representation, or actual fraud,” 11 U. S. C. §523(a)(2)(A), or, if made in writing, by a materially false “statement . . . respecting the debtor’s . . . financial condition,” §523(a)(2)(B).
Sentencing Modification
Under 18 U. S. C. §3582(c)(2), a defendant is eligible for a sentence reduction if he was initially sentenced “based on a sentencing range” that was later lowered by the United States Sentencing Commission.
Statutory Interpretation – Sentencing Guidelines
The proper construction of federal sentencing statutes and the Federal Rules of Criminal Procedure can present close questions of statutory and textual interpretation when implementing the Federal Sentencing Guidelines.
1st Amendment Violation – Free Exercise Clause
The case presents difficult questions as to the proper reconciliation of at least two principles.
4th Amendment Violation
This case presents the question whether the automobile exception to the Fourth Amendment permits a police officer, uninvited and without a warrant, to enter the curtilage of a home in order to search a vehicle parked therein.
Statutory Interpretation
The Mandatory Victims Restitution Act of 1996 requires defendants convicted of a listed range of offenses to “reimburse the victim for lost income and necessary child care, transportation, and other expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense.”
DNA Surcharge
We review a petition by the State and a cross-petition by Jamal L. Williams challenging the court of appeals' decision, which held: (1) the mandatory $250 DNA surcharge the circuit court ordered Williams to pay violated the Ex Post Facto Clauses of the Wisconsin and United States Constitutions; and (2) the circuit court did not rely on an improper factor when it sentenced Williams.
Motion to Supress Evidence Denied
Damian Bethke appeals a refusal judgment and challenges the circuit court’s order denying his motion to suppress evidence obtained by police leading up to his warrantless arrest on a drunk driving charge.
Tangible Property Assessments – Court Error – Valuation
The circuit court, pursuant to WIS. STAT. §§ 76.08(1) and 76.18, “redetermined” the Wisconsin Department of Revenue’s 2013 and 2014 assessments of AT&T’s tangible personal property.
Legal News
- Milwaukee County District Attorney, UWM police address Jewish threats
- With GOP convention over, Milwaukee weighs the benefits of hosting political rivals
- Secret Service head resigns as Congress formally investigates
- Milwaukee Police Department issues statement regarding video release policy
- GOP convention sets the stage for the Democratic convention in Chicago, activists and police say
- Survey: Harris has enough delegates to be nominee
- Outside the RNC, small Milwaukee businesses and their regulars tried to salvage a sluggish week
- Biden called to resign immediately after the president announces he won’t seek reelection
- Biden drops out of 2024 presidential race, endorses Harris
- Local PA cops allegedly thought Trump’s would-be assassin was Secret Service
- Biden-Lead Secret Service admits agency denied past requests by Trump’s campaign for tighter security
- Class action filed against Walgreens
Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property