On Point blog, page 1 of 1
Credit where credit is due….lack of a credit petition to DOC notwithstanding to the contrary
State v. Tanya M. Liedke, 2020AP33-CR, Distirct 2, 12/29/21 (not recommended for publication); case activity (including briefs)
The circuit court correctly concluded that Liedke wasn’t in custody for sentence credit purposes while she was on GPS monitoring in connection with the case on which she was sentenced. But she’s entitled to some credit for other time when she was in custody, and the circuit court was wrong to deny her request on the grounds that it was DOC’s responsibility to address her request.
Sentence Credit – Electronic Monitoring
State ex rel. Willie C. Simpson v. Schwarz, 2002 WI App 7, PFR filed 1/11/02
Issue: Whether spent on electronic monitoring while on probation supports sentence credit following revocation.
Holding: Because the probationer could not have been charged with escape for leaving electronic monitoring, he isn’t entitled to sentence credit for the time he spent on electronic monitoring. ¶¶31-33.
Sentence Credit – Home Detention
State v. Paul E. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, reversing unpublished decision
For Magnuson: Keith A. Findley, UW Law School
Issue: Whether a defendant is entitled to sentence credit for time spent in home detention with electronic monitoring as a condition of bond.
Holding: Custody for sentence credit purposes is determined by whether the defendant’s status subjects him/her to an escape charge and,
Sentence credit – DIS confinement
State v. Timothy L. Olson, 226 Wis.2d 457, 595 N.W.2d 460 (Ct. App. 1999)
For Olson: Steven P. Weiss, SPD, Madison Appellate
Holding:
Timothy L. Olson appeals from an order denying a postconviction motion for relief. Olson seeks a 256-day sentence credit for the time he served in the Division of Intensive Sanctions (DIS) program before his probation was revoked and he was given a five-year prison sentence.