On Point blog, page 1 of 1
Defense win: SCOW rebuffs circuit court’s apparent attempt to take on the role of a DOC supervision agent
State v. Junior L. Williams-Holmes, 2023 WI 49, 6/20/23, reversing and remanding a published court of appeals decision; case activity (including briefs)
Reaffirming that the Department of Corrections, not the circuit court, is responsible for regulating the day-to-day affairs of persons being supervised by DOC, the supreme court sends this case back to the circuit court for it to either modify the supervision condition it ordered in this case or clarify how it is consistent with the law.
Defendant’s banishment from Amish area held constitutional
State v. Brandin L. McConochie, 2019AP2149-CR, District 2, 4/22/20 (1-judge opinion, ineligible for publication); case activity (including briefs)
McConochie pulled his vehicle alongside Amish buggies and exposed his genitals to the occupants within. He pled no contest to 3 counts of lewd and lascivious behavior as a repeater. As a condition of probation, the court banished him a delineated area where Amish live. McConochie argued that banishment violated his constitutional right to travel.
State v. Lathadis L. Luckett, 2009AP2679-CR, Distict II, 4/21/10
court of appeals decision (1-judge; not for publication); for Luckett: Cheryl A. Ward; BiC; Resp.; Reply
Extended Supervision Conditions
ES condition barring Luckett from residing”with any person in any place in which children or women reside [without] Court’s permission” neither unreasonable nor unconstitutionally overbroad.
The court of appeals stresses that Luckett’s history “demonstrates domestic violence”; indeed, the immediate crime is itself DV-related.