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Wisconsin Supreme Court rules capacity limit on bars, restaurants, other businesses is invalid

JURIST

The Wisconsin Supreme Court ruled on Wednesday that the Department of Health Services (DHS) lacked authority to limit capacities for indoor public gatherings. ” The Tavern League of Wisconsin, along with other businesses, challenged Emergency Order 3, arguing that the order was invalidly enacted. Wisconsin Stat.

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Wisconsin Supreme Court strikes down law allowing warrantless blood alcohol testing of unconscious drivers

JURIST

The Wisconsin Supreme Court unanimously struck down a state law provision Friday that allowed police to draw blood from unconscious drivers and test it for alcohol content without a warrant. Many courts have addressed the issue of taking blood samples from drivers without consent, including Texas and Nevada.

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Ohio Supreme Court rules judges not required to defer to state agency interpretations of ambiguous laws

JURIST

The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute. Later, the Ohio First District Court of Appeals held that a court must defer to an administrative interpretation only if the court finds a statute to be ambiguous.

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Was Rittenhouse’s Possession of the AR-15 Unlawful?

JonathanTurley

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. It is also hard to instruct a jury on an ambiguous statute.

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Fallout from McGirt and testimony about future crimes

SCOTUSBlog

Last year, the Supreme Court ruled 5-4 in McGirt v. The court thereby stripped Oklahoma state courts of jurisdiction over crimes committed by “any Indian” in “Indian country,” and bestowed the federal government with exclusive jurisdiction to try these crimes. Wisconsin v. Wisconsin v.

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Gun Violence: When ‘Self-Defense’ Becomes Murder

The Crime Report

Prosecutors had argued that the claim was spurious on the grounds that the teenager’s decision to bring an AR-15 to the protest made him an “initial aggressor” under Wisconsin law. Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression.

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Seventh Circuit upholds lifetime GPS monitoring for some convicted sex offenders

JURIST

The US Court of Appeals for the Seventh Circuit Tuesday upheld lifetime GPS monitoring for some convicted sex offenders in Wisconsin. ” The US Court of Appeals for the Seventh Circuit previously addressed lifetime GPS monitoring for convicted sex offenders in Belleau v. .” Wall where the court upheld the statute.

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