Sentencing Guidelines
Sentencing judges ordinarily “group” counts of conviction when they involve “substantially the same harm.” U.S.S.G. § 3D1.2. In United States v. Sinclair, 770 F.3d 1148 (7th Cir. 2014), we ruled that when facing a particular combination of counts—the same combination in this case—a judge may not group them.
Constitutionality – Act 292
Tamara M. Loertscher brought this action under 42 U.S.C. § 1983 challenging the constitutionality of 1997 Wisconsin Act 292 (“Act 292” or “the Act”), a legislative measure designed to address the effects of prenatal substance abuse.
Statutory Interpretation – Relevant of Foreign Law In Federal Court
When foreign law is relevant to a case instituted in a federal court, and the foreign government whose law is in contention submits an official statement on the meaning and interpretation of its domestic law, may the federal court look beyond that official statement?
Case Affirmation
The judgment is affirmed by an equally divided Court. JUSTICE KENNEDY took no part in the decision of this case.
Divorce – Automatic Revocation Rule
A Minnesota law provides that “the dissolution or annulment of a marriage revokes any revocable[] beneficiary designation[] made by an individual to the individual’s former spouse.”
Voter Rights Update – Compliance With Federal Law
It has been estimated that 24 million voter registrations in the United States—about one in eight—are either invalid or significantly inaccurate.
Statute of Limitations – Class Action
This case concerns the tolling rule first stated in American Pipe & Constr. Co. v. Utah, 414 U. S. 538 (1974).
Attorney Disciplinary Proceeding
We review the report of Referee John Nicholas Schweitzer recommending that Attorney Sarah Clemment be declared in default, concluding that Attorney Clemment engaged in professional misconduct, and recommending that she be publicly reprimanded.
Judicial Misconduct – Commissioner Misconduct
We review, pursuant to Wis. Stat. § 757.91 (2015-16), a Judicial Conduct Panel's findings of fact, conclusions of law, and recommendation for discipline for the Honorable Frank M. Calvert, a court commissioner for the Oconto County Circuit Court.
Statutory Interpretation
Upon conviction of a felony, our statutes provide for imposition of a $250 deoxyribonucleic acid (DNA) analysis surcharge on the defendant.
Ineffective Assistance of Counsel
A jury convicted Anthony R. Pico of sexually assaulting a young girl. Mr. Pico believes there is a reasonable probability that, absent his trial counsel's alleged constitutional ineffectiveness, this conviction would not have occurred.
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