On Point blog, page 3 of 6
No error in imposing jail without expressly considering probation
State v. Marnie L. Coutino, 2016AP2386-CR, 7/19/2017, District 2 (one-judge decision; ineligible for pubication); case activity (including briefs)
Marnie Coutino seeks resentencing on the ground that the trial court erroneously exercised its discretion when it imposed a 30-day jail sentence without considering whether probation was appropriate.
Court of appeals rejects numerous challenges to homicide conviction
State v. Ron Joseph Allen, 2016AP885, 6/13/17, District 1 (not recommended for publication); case activity (including briefs)
A jury convicted Ron Allen of first-degree intentional homicide as party to the crime. He raises various challenges to the conviction and sentence of life without extended supervision, but the court of appeals rejects them all.
Resentencing required where judge relied on erroneous information, erroneously exercised discretion
State v. Thomas G. St. Peter, 2016AP683-CR, District 1, 4/18/17 (one-judge decision; ineligible for publication); case activity (including briefs)
St. Peter is entitled to a new sentencing hearing because the judge violated his due process rights when it relied on inaccurate information to jump the parties’ joint recommendation for time served and impose more jail time. State v. Tiepelman, 2006 WI 66, 291 Wis. 2d 179, 717 N.W.2d 1 (sentencing based on inaccurate information violates due process). Not only that, but the judge erroneously exercised his sentencing discretion by failing to link the relevant facts and factors of the case to the standard sentencing objectives. —And you thought an erroneous exercise of sentencing discretion was as mythical a beast as a unicorn!
Bias in criminal risk scores is mathematically inevitable, researchers say
There is new research to support a racial bias challenge to COMPAS. You may recall that last spring Pro Publica studied COMPAS scores for some 10,000 people arrested for crimes in Broward County, Florida and published its results. It found that black defendants were twice as likely to be incorrectly labeled as higher risk to reoffend than white defendants. And white defendants labeled low risk were far more likely to end up being charged with new offenses than blacks with comparably low COMPAS risk scores.
Expungement decision requires proper exercise of discretion, including statement of rationale
State v. Rachel M. Helmbrecht, 2017 WI App 5; case activity (including briefs)
A circuit court’s decision on whether to order expungement under § 973.015 involves the exercise of discretion, and therefore the general rules governing the proper exercise of discretion apply to the expungement decision.
No abuse of discretion in sentence or sex offender registration
State v. David H. Ninnemann, 2016AP1294-CR, 12/14/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs)
David Ninnemann appeals from sentencing after revocation of his probation. He challenges the length of his jail sentences and the court’s order that he register as a sex offender, but the court of appeals upholds both of the trial court’s discretionary decisions.
Gabler v. Crime Victims Rights Board, 2016AP275, petition for bypass granted 10/11/16
On bypass; case activity (including briefs)
Issue (derived from court of appeals’ briefs):
Whether the Crime Victims Rights Board’s power to remedy a violation of a victim’s right to the speedy disposition of a criminal case can be applied to judges without violating the separation of powers doctrine.
Exceeding sentencing guidelines wasn’t erroneous exercise of discretion
State v. Patrick P. Haynes, 2015AP2176-CR, District 3, 8/16/16 (one-judge decision; ineligible for publication); case activity (including briefs)
The circuit court didn’t erroneously exercise its sentencing discretion by exceeding the OWI guidelines when sentencing Haynes for OWI 3rd after his probation for the offense was revoked.
Sentencing courts need not “parrot typical buzz words seen in sentencing transcripts;” implicit rationale is enough
State v. Danny F. Anton, 2015AP2336-CR, District 1, 8/2/16; (not recommended for publication); case activity (including briefs)
This decision openly thumbs its nose at Gallion. Between it and SCOW’s recent decision in State v. Salas Gayton you have to wonder whether Gallion has been overruled sub silentio.
Seventh Circuit cracks open a door for juveniles challenging non-mandatory, de facto life sentences
Bernard McKinley v. Kim Butler, 7th Circuit Court of Appeals Case No. 14-1944, 1/4/16
McKinley failed to raise an Eighth Amendment claim in his state court challenges to the sentence he received for a murder he committed at the age of 16. That means he procedurally defaulted the claim for purposes of his federal habeas challenge to the sentence. But instead of affirming the district court’s dismissal of McKinley’s habeas petition, a majority of this Seventh Circuit panel stays the habeas proceeding and, based on reasoning that could be useful to other juveniles seeking to challenge long sentences, gives McKinley a chance to go back to state court to challenge his sentence under Miller v. Alabama, 132 S. Ct. 2455 (2012).