On Point blog, page 46 of 95
Sentencing — exercise of discretion in denying eligibility for ERP
State v. Brandon M. Pokey, 2012AP2412-CR, District 2, 8/14/13; court of appeals decision (not recommended for publication); case activity
The sentencing court did not erroneously exercise its discretion when it made Pokey, who was convicted of armed robbery of a bank, ineligible for the Earned Release Program. At sentencing the court based its decision on all of the required sentencing factors, not just on the seriousness of the offense,
Yet another take on how to structure bifurcated sentences for an enhanced misdemeanor
State v. Gabriel Griffin, 2012AP2631-CR, District 1, 7/30/13; court of appeals decision (1-judge; ineligible for publication); case activity
Agreeing with State v. Gerondale, 2009AP1237-CR and 2009AP1238-CR (Wis. Ct. App Nov. 3, 2009) (unpublished), and State v. Ash, No. 2012AP381-CR (Wis. Ct. App. Aug. 15, 2012) (unpublished), that there is a conflict in § 973.01 which affects the structure of enhanced misdemeanor sentences,
Enhancer time may be added to extended supervision portion of bifurcated sentence for misdemeanor enhanced under § 939.62
State v. Shawn J. Robinson, 2012AP2498-CR, District 1, 7/23/13; court of appeals decision (1-judge; ineligible for publication); case activity
Robinson was convicted of two misdemeanors which were enhanced under the repeater statute, § 939.62(1)(a). He was sentenced on each count to bifurcated sentences consisting of one year of confinement and one year of extended supervision. (¶¶2-4). He later challenged the sentences under State v.
SCOW says circuit courts lack inherent authority to order destruction of inaccurate PSI
State v. Melton, 2013 WI 65, reversing published court of appeals decision; case activity; opinion by Justice Prosser; concurrence by Justice Ziegler and joined by Chief Justice Abrahamson and Justice Bradley
Melton pled guilty to 2 felonies, and the court ordered a PSI for sentencing. Turns out the PSI contained errors (info re uncharged offenses), so the court ordered a 2nd PSI and the destruction of the 1st PSI.
Doyle Randall Paroline v. United States, USSC No. 12-8561, cert granted 6/27/13
What, if any, causal relationship or nexus between the defendant’s conduct and the victim’s harm or damages must the government or the victim establish in order to recover restitution under 18 U.S.C. § 2259?
Lower court opinion: In re: Amy Unknown: United States v. Paroline, 701 F.3d 749 (5th Cir. 2012)
This is an important case for anyone handling federal possession of child pornography cases,
Federal sex offender registration law applies to person discharged from his sentence before passage of law
United States v. Anthony James Kebodeaux, USSC No. 12-418, 6/24/13
United States Supreme Court decision, reversing U.S. v. Kebodeaux, 687 F.3d 232 (5th Cir. 2012)
The Court holds that the federal Sex Offender Registration and Notification Act (SORNA) applies to a person despite the fact he was convicted (at a court martial), and completed service of his sentence, before passage of the Act.
U.S. Supreme Court reaffirms use of “categorical approach” in Armed Career Criminal Act cases
Matthew Robert Descamps v. United States, USSC No. 11-9540, 6/20/13
United States Supreme Court decision, reversing United States v. Descamps, No. 08-30013 (9th Cir. Jan. 10, 2012) (unpublished)
The Armed Career Criminal Act (ACCA or Act), 18 U. S. C. §924(e), increases the sentences of certain federal defendants who have three prior convictions “for a violent felony,” including “burglary, arson, or extortion.” To determine whether a past conviction is for one of those crimes,
Judge’s invocations of religious deity were “ill-advised,” but do not show he imposed sentence based on religious considerations
State v. Robert J. Betters, 2013 WI App 85; case activity
When sentencing of Betters for child sexual assault, the judge stated that “every child is a gift from God,” and indicated Betters’s conduct toward the victims was “an abomination in the sight of God and in the sight of man, and … totally unacceptable.” ( ¶¶4, 15). The court of appeals rejects Betters’s claim that these references show the judge sentenced Betters based on religious considerations because the “offhand religious references”
U.S. Supreme Court holds that a fact that increases the minimum mandatory sentence for a crime must be submitted to the jury
Allen Ryan Alleyne v. United States, USSC No. 11-9335, 6/17/13
United States Supreme Court decision, vacating and remanding United States v. Alleyne, No. 11-4208 (4th Cir. Dec. 15, 2011)
Since Apprendi v. New Jersey, 530 U.S. 466 (2000), a defendant has had the right to demand the jury find beyond a reasonable doubt any fact that increases the maximum sentence for a crime.
Sex offender registration — court’s consideration of dismissed charges as part of exercise of discretion
State v. Christopher James Athas, 2012AP2151-CR, District 1, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity
The circuit court properly considered previous sexual assault charges that had been dismissed when it was deciding whether to order Athas to register as a sex offender after his conviction for fourth degree sexual assault:
¶3 …. Whether to order sex-offender registration is part of the circuit court’s sentencing discretion.