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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.
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- Former prosecutor suspended for unwelcome contact during legal conference
- One Wisconsin Attorney’s misconduct ‘in a league of its own’
- Wisconsin election fraud charge issued from November 2022 general election
- Indigenous consultant accuses NHL’s Blackhawks of fraud, sexual harassment
- Man pleads guilty in theft of Arnold Palmer green jacket, other Masters memorabilia from Augusta
- KS Governor cites competition concerns while vetoing measure for school gun-detection technology
- U.S. Attorney Gregory J. Haanstad recognizes service and sacrifice of federal, state, local, and Tribal law enforcement
- Gov. Evers calls special elections for the 4th Senate District and 8th Congressional District
- Wisconsin GOP-led Senate votes to override nine Evers vetoes in mostly symbolic action
- Bill to curb mask-wearing at protests could make it illegal for medical reasons too
- University board slashes diversity program funding to divert money to public safety resources
- Second defendant convicted in Fond du Lac 2016 firebombing
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
