On Point blog, page 63 of 95
State v. Eliseo T. Brown, 2010 WI App 43
court of appeals decision; for Lee: Devon M. Lee, SPD, Madison Appellate; Resp. Br.; Reply Br.
Sentence Credit – Wisconsin Custody under Foreign Parole Hold
Time spent in Wisconsin custody under a foreign parole hold must be credited against the Wisconsin sentence, even though it is ordered “consecutive to any previously imposed sentence.” Concern about “dual credit” is not yet “ripe,” because the foreign jurisdiction has not,
State v. Stanley W. Puchacz, 2010 WI App 30
court of appeals decision; for Puchacz: William M. Hayes
Resp Br
OWI Enhancer, § 346.65(2) – Out-of-State Conviction
Michigan convictions for driving while visibly impaired may be counted as Wisconsin OWI priors, given “broad interpretation and application of the final phrase in Wis. Stat. § 343.307(1)(d) and the public policy supporting our drunk driving laws,” ¶¶12-13.
Traffic Stop – Deviating from Center Line, § 346.05
Crossing center line,
State v. Dione Wendell Haywood, 2009 WI App 178
court of appeals decision; for Haywood: Robert E. Haney
Battery to Peace Officer, § 940.20(2), Elements
It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for what he or she does to be done in the officer’s ‘official capacity.’
State v. Jeremy D. Schladweiler, 2009 WI App 177
Sentence modification based on new factor; Earned Release Program and Challenge Incarceration Program
State v. Jeremy D. Schladweiler, 2008AP3119-CR, Dist II, 11/11/09
Pro se
Issue/Holding:
¶7 Sentence modification involves a two-step process. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). First, a defendant must show the existence of a new factor thought to justify the motion to modify sentence.
State v. Charles Lamar, 2009 WI App 133, review granted
Consecutive sentences following partial plea withdrawal and reconviction
Click here for court of appeals decision, petition for review granted 10/27/10
Defense counsel: Donna L. Hintze, SPD, Madison Appellate
Issue/Holding: After sentencing on 3 separate counts, the trial court granted Lamar’s motion to withdraw his guilty pleas to 2 of the counts. He continued to serve the sentence on the unchallenged count. Upon subsequent reconviction on the 2 counts,
State v. Norbert Aaron Mathis, 2008AP2616-CRNM, Certification
Order for DNA sample and surcharge
Click here for certification order
For Mathis: Donna Odrzywolski
We [District IV] certify this appeal to the Wisconsin Supreme Court pursuant to Wis. Stat. Rule 809.61 (2007-08), to resolve a conflict among the districts of the court of appeals that has arisen as a result of our decision in State v. Cherry, 2008 WI App 80, ¶¶8-9, 312 Wis.
Restitution – Hearing – Procedure – Notice, Discovery
State v. Alberto Fernandez, 2009 WI 29, on certification
For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate
Issue/Holding:
¶59 Fernandez additionally argues that the lack of advance written notice of the Dalka and CNR claims violated his due process rights. In response, the State contends that Fernandez’s due process rights were protected by the statute, which provides for “an opportunity to be heard,
Restitution – Limitations – Exercise of Discretion: Reimbursement to Insurance Company
State v. Alberto Fernandez, 2009 WI 29, on certification
For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate
Issue/Holding:
¶61 Fernandez says the court erred by ordering full restitution to two insurance companies because a court is authorized to do so only where justice requires. Fernandez says that justice does not require a man who washes dishes for a living to reimburse insurance companies worth billions of dollars.
Restitution – Ability to Pay not Limited by Length of Sentence or Probation
State v. Alberto Fernandez, 2009 WI 29, on certification
For Fernandez: Eileen A. Hirsch, Shelley M. Fite, SPD, Madison Appellate
Issue: Whether the holding of State v. Mark M. Loutsch, 2003 WI App 16, ¶25, “that the court order at sentencing an amount of restitution that it determines the defendant will be able to pay before the completion of the sentence,” is valid.
Sentence Credit – Concurrent Sentences: Each Must Be Analyzed Separately for “Connection,” Though Imposed at the Same Time
State v. Elandis D. Johnson, 2009 WI 57, affirming 2008 WI App 34
For Johnson: Meredith J. Ross, UW Law School
Issue/Holding:
¶76 We conclude that Wis. Stat. § 973.155 imposes no requirement that credit applied toward one sentence also be applied toward a second sentence if the basis for applying the same credit to both sentences is merely that the sentences are concurrent and are imposed at the same time.