Supreme Court Reaffirms “Categorical Approach” in Applying Armed Career Criminal Act

Has Congress ever made the federal courts do more work to little so good effect than it did when it passed the Armed Career Criminal Act in 1984? The ACCA imposes a fifteen-year mandatory minimum on certain federal defendants who have three prior convictions for a violent felony or serious drug crime, which are defined terms in the statute. The basic application problem is that we have fifty different state criminal codes, and state legislatures never saw fit to amend their laws so as to fit their crime definitions to the ACCA terminology. As a result, figuring out which state convictions count as ACCA predicates has consumed — and continutes to consume — an enormous amount of judicial time and effort. A few lines of statutory text have generated a marvelously intricate, uncertain, and ever-changing body of jurisprudence.

The Supreme Court offered its latest foray into the ACCA quagmire yesterday in Descamps v. United States (No. 11-9540). At issue was whether Descamps’s prior burglary conviction in California could be used as a predicate for the fifteen-year ACCA mandatory minimum. The statutory definition of “violent felony” does include “burglary,” but the Court has previously held that not all burglary convictions count; rather, the crime of conviction must have the elements of “generic burglary” — if a state has chosen to define the crime of burglary in an unusually broad manner, then convictions of burlgary in that state may not be treated as burglary convictions for ACCA purposes.

And it turns out that California does have an idiosyncratic burglary definition. 

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Milwaukee: The $5,000 House and Other Thoughts

I was having lunch the other day with someone who works in city government, and we were talking about the serious foreclosure problem in Milwaukee. He was lamenting the fact that in some of the poorest sections of the city, the housing market is fundamentally broken. Homes, now owned by the city, can be purchased for as little as $5,000 and yet they still aren’t selling. If you want some sobering evidence of the magnitude of the nation’s housing market collapse and the impact of the Great Recession, check out the listings. They’re stunning, really.

Mayor Tom Barrett estimates the foreclosure crisis has cost Milwaukee $5 billion dollars in assessed value. The city has tried to get a handle on the problem, but it persists, eating away at once-stable neighborhoods. In 2008, the mayor launched the Milwaukee Foreclosure Partnership Initiative, which tries to prevent foreclosures and stabilize neighborhoods.  There’s a branch of city government that directly addresses housing issues. And last week, the mayor announced he would be committing another $2.3 million to address the foreclosure problem. As part of that initiative, scores of empty homes will be torn down because they’re a blight on city neighborhoods. As a longtime Milwaukee resident, I’d be less than honest if I didn’t say the specter of Detroit came to mind when I heard the news.

But the next Detroit is hardly the image thousands of newcomers have of my hometown. After losing 20 per cent of its population from 1960-2000, Milwaukee is growing again. It’s not a population explosion, but it’s growth. Recent census numbers show that from 2010 to 2012, the city added 4,000 residents. What’s most interesting is who’s choosing to live in Milwaukee. Reporting by the Milwaukee Journal Sentinel (part of a collaboration with Marquette Law School) found that in the last decade, there has been a migration of young people to the city. Many are college graduates. They live downtown, on the city’s east side, and in “hot” neighborhoods like the Third Ward, Walker’s Point, Bay View, Brewers’ Hill and Washington Heights. Their presence has brought a new energy and economic vitality to parts of Milwaukee, with restaurants and shops racing to meet the demands of younger consumers. These newcomers are helping fuel a change in Milwaukee’s risk-averse entrepreneurial culture, and have created a dynamic arts and entertainment scene. Their arrival is also welcome news to established Fortune 500 companies like Northwestern Mutual, which is planning a new skyscraper for its downtown campus, along with hundreds of news jobs.

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The Value of Trial Experience to a Young Lawyer

As a new lawyer, I struggled to come up with blog topics. Being only two years out of law school, I don’t pretend to have near the amount of knowledge or experience as the frequent contributors and readers of this blog. I contemplated a post about the recent United States Supreme Court decision in Missouri v. McNeely, but Dean O’Hear would cover that topic in a much more eloquent and researched fashion. I then contemplated a post about the privacy implications regarding the recent news on the NSA collecting phone records (or even more recently—the criminal defendants demanding the records as exculpatory evidence). However, as a past student of Professor Boyden’s Law of Privacy class, I’m inclined to believe his post on that issue would make a much more interesting read. I finally decided on a topic that has monopolized my attention this Spring and Summer: jury trials. While a post on jury trials authored by Professor Blinka would likely be deemed so sage as to be cited by the Wisconsin Supreme Court, I’ll tackle the area from what I’ve learned as a new lawyer.

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