On Point blog, page 1 of 1
Seventh Circuit allows suit to proceed against DOC personnel for mistakes in calculating probation term
Robert W. Huber v. Gloria Anderson, et al., 7th Circuit Court of Appeals No. 17-1302 (Nov. 26, 2018)
Though not directly related to the day-to-day practice of criminal law, this decision may be of interest, if only for its holding regarding the time limits for a person to sue DOC based on claims it improperly kept the person in prison or on supervision.
History of domestic violence supported increase of probationary period under § 973.09(2)(a)1.b.
State v. Millard Reno Bandy, Sr., 2014AP1055-CR & 2014AP1056-CR, District 1, 10/28/14 (1-judge decision; ineligible for publication); case activity: 2014AP1055-CR; 2014AP1056-CR
A defendant’s history of domestic violence against a victim provided a basis for trial court to increase the period of probation under § 973.09(2)(a)1.b. even though the offenses for which the defendant was placed on probation didn’t involve physical harm or a direct threat to the victim.
Misdemeanor probation period may not be increased under § 973.09(2)(b)2.
State v. Aaron S. Loos, 2012AP2154-CR, District 3, 5/14/13; court of appeals decision (1-judge, ineligible for publication); case activity
Though Loos was convicted of one misdemeanor and one felony at the same time, the maximum one-year term of probation for the misdemeanor under § 973.09(2)(a)1r. could not be increased by one year under § 973.09(2)(b)2. That statute may be applied only to increase the maximum term of probation on a felony conviction,
Probation – increase in length of term based on crime being an act of domestic abuse; notice of potential increase; factual basis for finding the act constituted domestic abuse
State v. John R. Edwards, 2013 WI App 51; case activity
The longer period of probation applicable to a misdemeanor act of domestic abuse under Wis. Stat. § 973.09(2)(a)1.b. may be ordered even though the charging documents did not allege the crime was an act of domestic abuse.
Edwards was charged with substantial battery, strangulation and suffocation, and disorderly conduct based on an incident with his live-in girlfriend.
Sentencing – Review — Sentence Exceeding Statutory Maximum — Consecutive Terms of Probation — Remedy
State v. Glenn F. Schwebke, 2001 WI App 99, 242 Wis. 2d 585, 627 N.W.2d 213, affirmed on other grds., 2002 WI 55
For Schwebke: Keith A. Findley, UW Law School
Issue/Holding: The remedy for this sentence which exceeded the permissible maximum — multiple counts of probation running consecutive to one another, ¶¶25-30 — is to commute the excess portion to the total allowable term of probation.