On Point blog, page 1 of 1
Presentence Report – Conflict of Interest – Author Married to Defendant’s Prosecutor — Showing Actual Bias not Required – Remedy (Strike PSI) / Harm (Must Show Unfair Influence over Sentencing Process)
State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997)
For Suchocki: Martha A. Askins, SPD, Madison Appellate
Issue/Holding:
Requiring any defendant to demonstrate that the marital relationship actually influenced the writer’s impressions and recommendations would present an insurmountable hurdle to any defendant attempting to challenge a PSI. The reasons for an agent’s impression may operate at a subjective level of which the report’s author is unaware.
Presentence Report — Role in Sentencing — In General
State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997)
For Suchocki: Martha A. Askins, SPD, Madison Appellate
Issue/Holding:
Our supreme court has acknowledged the importance of the PSI to the sentencing process. See State v. McQuay, 154 Wis.2d 116, 130-31, 452 N.W.2d 377, 383 (1990). The integrity of the sentencing process demands that the report be accurate,
Presentence Report — Bias, Demonstration of — Defendant’s Homosexuality
State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997)
For Suchocki: Martha A. Askins, SPD, Madison Appellate
Issue/Holding:
Suchocki claims that his due process right to a fair sentencing hearing was violated. Accordingly, he must demonstrate both bias in the PSI writer and that the sentencing process was prejudiced by such bias. See State v. Coulthard,
Presentence Report — Use / Challenge to Factual Accuracy
State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997)
For Suchocki: Martha A. Askins, SPD, Madison Appellate
Issue/Holding:
The use of a PSI is a matter within the court’s discretion. The court has discretion to order a PSI and to determine the extent to which it will rely upon the information in the PSI. State v. Skaff,
Consecutive Sentences — No Authority to Impose, Relative to Jail Time as Condition of Probation in Another Case — Remedy of Resentencing
State v. Daron E. Maron, 214 Wis. 2d 384, 571 N.W.2d 454 (Ct. App. 1997)
For Maron: Susan E. Alesia, SPD, Madison Appellate
Issue/Holding1:
… We conclude that § 973.15(2), Stats., does not give the trial court authority to order that the sentence be served consecutive to jail time already being served as a condition of probation. …
…
Subsequent amendment to § 973.15,
Exigent Circumstances – Destruction of Evidence (Drugs) – Entry of Bedroom
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997)
For Kiekhefer: Linda Hornik
Issue/Holding: The odor of burning marijuana from within a closed bedroom did not create exigent circumstances for the police, who did have permission to be in the house, to enter the bedroom:
According to Londre, they believed Kiekhefer was in possession of a large amount of marijuana.
§ 943.10, Burglary (Entry with Intent to Commit Felony) — Unanimity as to Intended Felony not Required
State v. Gordon Hammer, 216 Wis. 2d 214, 576 N.W.2d 285 (Ct. App 1997)
For Hammer: Charles W. Jones, Jr.
Issue: Whether juror unanimity is required for burglary, as to which felony was intended during the unlawful entry.
Holding:
In addressing Hammer’s unanimity claim, we engage in a two-step process. We must first determine whether this statute creates only one offense with multiple modes of commission or,
Arrest — Test for Custody — Temporary Stop Not Converted to Arrest by Moving Suspect
State v. Quartana, 213 Wis.2d 440, 570 N.W.2d 618 (Ct. App. 1997)
For Quartana: Donal L. Connor II
Issue/Holding:
… Thus, when a person under investigation pursuant to a Terry stop is moved from one location to another, there exists a two-part inquiry. First, was the person moved within the “vicinity?” Second, was the purpose in moving the person within the vicinity reasonable?”Vicinity” is commonly understood to mean “a surrounding area or district”
Consent – Coercion — Threat to Obtain Warrant
State v. Scott Kiekhefer, 212 Wis. 2d 460, 569 N.W.2d 316 (Ct. App. 1997)
For Kiekhefer: Linda Hornik
Issue/Holding:
“Police may not threaten to obtain a search warrant when there are no grounds for a valid warrant, but `[w]hen the expressed intention to obtain a warrant is genuine … and not merely a pretext to induce submission, it does not vitiate consent.’” United States v.