On Point blog, page 17 of 95
Challenges re right to self-representation and domestic abuse assessment fail on appeal
State v. Sandra D. Solomon, 2018AP298-CR, 9/25/18, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs)
Solomon sought plea withdrawal arguing that the circuit court had denied her request to represent herself and insisted on proceeding with the scheduled trial date, so her newly-retained lawyer was not prepared to defend her. The court of appeals held that her invocation of this right was not clear and unequivocal. It also held that the domestic abuse assessment clearly applied to this case.
Challenges to juvenile’s life sentence rejected
State v. Jevon Dion Jackson, 2017AP712, District 1, 8/28/18 (not recommended for publication); case activity (including briefs)
Citing the recent U.S. Supreme Court decisions holding that the Eighth Amendment limits the imposition of life sentences on juveniles, Jackson argues he is entitled to a new sentencing hearing or sentence modification. The court of appeals concludes Jackson’s sentence is constitutional.
Bomb scare adjudication upheld, but restitution order reversed in part
State v. J.P., 2017AP1905, District 1, 9/5/18 (one-judge decision; ineligible for publication); case activity
J.P. was adjudicated delinquent for calling in two bomb scares to his high school. The court of appeals rejects his claims that the police lacked probable cause to arrest him and unlawfully searched his phone and that his confession was involuntary. However, the court agrees with J.P. that part of the restitution order is invalid.
Court upholds convictions for multiple counts of sending unlawful emails, bail jumping
State v. Brian A. Barwick, 2017AP958-CR through 2017AP961-CR, District 1, 9/5/18 (not recommended for publication); case activity (including briefs)
Barwick was charged with eleven counts of various crimes in four separate cases that were consolidated for trial. He makes various unsuccessful challenges to his convictions.
Denial of plea withdrawal, sentence modification and postconviction discovery affirmed
State v. Darrick L. Bennett, 2016AP2209-CR, 9/18/18, District 1 (not recommended for publication); case activity (including briefs)
Bennett was charged with 1st degree intentional homicide, but pled guilty to 1st degree reckless homicide. In a decision turning on facts specific to this case, the court of appeals affirmed the trial court’s decision denying (a) plea withdrawal without a hearing, (b) sentence modification based on a new factors, and (c) postconviction discovery of evidence that might have affected his sentence.
Sentencing court didn’t violate defendant’s 5th Amendment right against self-incrimination
State v. Marquis D. Walls, 2017AP1600-CR, District 1, 8/14/18 (not recommended for publication); case activity (including briefs)
The court of appeals rejects Walls’s argument that the circuit court violated his Fifth Amendment right against self-incrimination by pressuring him to admit guilt at sentencing and then used his failure to do so to impose a harsher sentence.
COA: No IAC for plea advice or lack of plea withdrawal; also no new factor
State v. Terrell Antwain Kelly, 2017AP1584, 7/31/18, District 1 (not recommended for publication); case activity (including briefs)
Kelly was charged with both a long-ago second-degree sexual assault of a child and several domestic violence counts (the victim was the same). The state offered him a choice between two plea deals: one in which he would plead to the sexual assault with the DV counts dismissed and read in, and one in which he would plead to the DV counts with the sexual assault dismissed and read in.
Circuit court properly denied duplicate sentence credit on consecutive sentence
State v. Terry Terrell Anderson, 2017AP2165-CR, District 1, 7/31/18 (one-judge decision; ineligible for publication); case activity (including briefs)
Anderson sought pretrial custody credit against sentences that were ordered to run consecutively to a previously imposed sentence. Because the time in custody was credited to the previously imposed sentence, he’s not entitled to the same credit against the later-imposed consecutive sentences.
Plea hearing courts don’t have to inform defendants about the mandatory DNA surcharge
State v. Arthur Allen Freiboth, 2018 WI App 46; case activity (including briefs)
In light of the Wisconsin Supreme Court’s May 2018 decisions in State v. Muldrow, 2018 WI 52, 381 Wis. 2d 492, 912 N.W.2d 74, and State v. Williams, 2018 WI 59, 381 Wis. 2d 661, 912 N.W.2d 373, the court of appeals now holds:
Defendant not entitled to sentence credit for charges dismissed but not read in
State v. Demario D. Fleming, 2017AP1851-CR, District 1, 7/17/18 (not recommended for publication); case activity (including briefs)
Applying its recent decision in State v. Piggue, 2016 WI App 13, 366 Wis. 2d 605, 875 N.W.2d 663, the court of appeals rejects Fleming’s request for sentence credit for time he spent in custody on charges that were dismissed, but not read in, as part of a plea agreement.