On Point blog, page 3 of 3
Equal Protection – Differential, County-Based Sentencing Guidelines
State v. Roland Smart, 2002 WI App 240, PFR filed 9/24/02
For Smart: Donald T. Lang, SPD, Madison Appellate
Issue: Whether sentencing-guideline disparity for driving while intoxicated under guidelines adopted by local counties pursuant to § 346.65(2m) violates equal protection or due process.
Holding: Sentencing guideline disparities need be supported only by rational basis for equal protection purposes, as “(i)t is not a fundamental right to be free from deprivations of liberty as a result of arbitrary distinctions.”
Equal Protection – Sex Offender Registration – Juvenile – False Imprisonment
State v. Joseph E.G., 2001 WI App 29, 240 Wis. 2d 481, 623 N.W.2d 137
For Joseph E.G.: Susan E. Alesia, SPD, Madison Appellate
Issue: Whether § 301.45(1m) (1997-98) violates equal protection and substantive due process in failing to excuse juveniles convicted of false imprisonment from sex offender registration.
Holding:
¶12 In contrast to the facts that could relieve an offender from registration for those crimes enumerated in WIS.