On Point blog, page 91 of 95
Restitution — Causation — “Natural and Probable Consequence” of Crime — Damage Caused by Police While Defendant Resisted Arrest
State v. Freeman Canady, 2000 WI App 87, 234 Wis. 2d 261, 610 N.W.2d 147 For Canady: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a defendant, convicted of resisting arrest, can be ordered to pay restitution for damage caused by a police officer in the course of subduing him. Holding: Because the damage was […]
Review — Sentence After Revocation — Imposed by same Judge
State v. Brian C. Wegner, 2000 WI App 231, 239 Wis.2d 96, 619 N.W.2d 289 For Wegner: Scott A. Szabrowicz Issue: Whether the sentencing court erroneously exercised discretion, in sentencing after revocation, by failing to consider primary sentencing factors. Holding: ¶9 We conclude that when the same judge presides at the sentencing after revocation and […]
Sentence Modification — New Factor: Community Support
State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530 For Koeppen: Richard L. Zaffiro Issue/Holding: Level of community support” enjoyed by the defendant not a new factor justifying sentence reduction.
Sentencing – Review – Inaccurate Information – Prosecutorial Allocution
State v. Dione Wendell Haywood, 2009 WI App 178 For Haywood: Robert E. Haney Issue/Holding: Asserted prosecutorial misconduct, in the form of misleading statements during allocution, is tested under State v. Wolff, 171 Wis. 2d 161, 167, 491 N.W.2d 498, 501 (Ct. App. 1992) (whether “what the prosecutor does has ‘so infected the trial with unfairness as to make […]
Enhanced Penalties — Proof: Prior Need Not Be Part of Appellate Record
State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530 For Koeppen: Richard L. Zaffiro Issue: Whether the repeater-qualifying convictions were inadequately proved merely because they weren’t made part of the appellate record. Holding: “Even if the trial court did not include these documents in the appellate record, the documents’ […]
Enhancer — § 939.62(2m)(d), Persistent Offender — Life Without Parole — Cruel and Unusual Punishment
State v. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, on certification; clarified on reconsideration, on a different point, 2001 WI 6 For Hahn: Steven G. Bauer Issue: “(W)hether the persistent repeater penalty enhancer as applied to the defendant violates the Eighth Amendment to the U.S. Constitution prohibiting cruel and unusual […]
Enhancer — § 941.29(2m), 2nd-Offense Felon in Possession, Supports Repeater
State v. Calvin E. Gibson, 2000 WI App 207, 238 Wis.2d 547, 618 N.W.2d 248 For Gibson: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶1. The question presented is whether the habitual criminality enhancer may be applied to a conviction for a second offense felony of firearm possession. Calvin E. Gibson, who was convicted of […]
Enhancer — § 939.63, Dangerous Weapon Enhancer — Nexus to Predicate Offense
State v. John W. Page, 2000 WI App 267, 240 Wis.2d 276, 622 N.W.2d 285 For Page: William E. Schmaal, SPD, Madison Appellate Issue: Whether possession of dangerous weapon enhancer, § 939.63, requires actual use or threat to use the weapon while committing the enhanced offense. Holding: Under the correct reading of [State v.] Peete [,185 Wis. 2d […]
Enhancers — Collateral Attack on, as Part of Sentencing Proceeding
State v. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, clarified on reconsideration, 2001 WI 6, on certification For Hahn: Steven G. Bauer Issue: “(W)hether the U.S. Constitution requires that an offender be permitted during an enhanced sentence proceeding predicated on a prior conviction to challenge the prior conviction as unconstitutional […]
Enhancers – Jail as Condition of Probation Tolling Time Limit for Repeater
State v. Todd E. Crider, 2000 WI App 84, 234 Wis. 2d 195, 610 N.W.2d 198 For Crider: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether jail time spent as a condition of probation qualifies as “actual confinement serving a criminal sentence,” so as to extend the § 939.62(2) 5-year period within which a prior conviction must […]