On Point blog, page 3 of 3
Sentencing Guidelines: General Purpose – Retroactive Repeal, § 973.017(2)(a); Statutory Construction: § 990.04
State v. Thomas H.L. Barfell, 2010 WI App 61; for Barfell: Roberta A. Heckes; BiC; Resp. Br.; Reply Br.; App. Supp. Br.; Resp. Supp. Br.
Sentencing – Guidelines, General Purpose
¶7 While Barfell is correct that he “has a due process right ‘to be sentenced on the basis of true and correct information’ pertaining to ‘the offense and the circumstances of its commission … and the defendant’s personality,
Constitutional Defenses – Ex Post Facto – Change in Statute of Limitations
State v. Jeffrey B. Haines, 2003 WI 39, 2002 WI App 139
For Haines: Mark A. Huesmann, Sonja Davig Huesmann
Issue/Holding: An extension of the limitation period for prosecuting a crime, before the prior limitation period has expired, doesn’t violate the ex post facto clause of the Wisconsin Constitution.
¶15. In sum, the court of appeals succinctly and correctly reasoned that:
[T]he 1994 amendment to Wis.
Ex Post Facto – Continuing Offense
State v. Alfredo Ramirez, 2001 WI App 158, PFR filed 7/11/01
For Ramirez: Elizabeth A. Cavendish-Sosinski
Issue: Whether § 943.201(2) creates a continuing offense such that, as applied to Ramirez, it violated the ex post facto clause because the statute was promulgated after he commenced the activity that formed the basis for the charge.
Holding:
¶18. We hold that Ramirez obtained money in the form of wages,
Ex Post Facto – Noncriminal Disability flowing from prior conviction
Monroe Swan v. Douglas LaFolette, 231 Wis.2d 633, 605 N.W.2d 640 (Ct. App. 1999)
Issue: Whether denial of opportunity to become notary public due to felony conviction violates ex post facto provision.
Holding: Ex post facto clause forbids punishing as crime any act which wasn’t punishable when committed, but laws that merely disadvantage someone don’t; because the plain language of the new notary public provision evinces no intent to punish,