On Point: 36. Sentencing

State v. James E. Cole, 2000 WI App 52, 233 Wis. 2d 577, 608 N.W.2d 432 Issue: Whether a sentence can be ordered to run “consecutive to revocation” when the defendant’s parole has not yet been revoked. Holding: A court has authority, under Wis. Stat. § 973.15(2)(a), to make the current sentence consecutive to a revocation […]

State v. David Carneal White, 2000 WI App 147, 237 Wis.2d 699, 615 N.W.2d 667 For White: Jeffrey A. Kingsley Issue: Whether a court has authority to stay a sentence until the defendant is released or discharged from an otherwise unrelated Ch. 980 commitment. Holding: The purposes of § 971.17 NGI and Ch. 980 SVP commitments being similar (¶¶8-9), […]

State v. David C. Liebnitz, 231 Wis.2d 272, 603 N.W.2d 208 (1999), on certification For Liebnitz: Rex R. Anderegg. Issue: Whether the defendant sufficiently admitted to an alleged repeater allegation so as to justify enhanced sentencing where, although he never disputed the allegation and in fact received the bargained-for sentence, he never distinctly admitted the […]

State v. Timothy L. Olson, 226 Wis.2d 457, 595 N.W.2d 460 (Ct. App. 1999) For Olson: Steven P. Weiss, SPD, Madison Appellate Holding: Timothy L. Olson appeals from an order denying a postconviction motion for relief.  Olson seeks a 256-day sentence credit for the time he served in the Division of Intensive Sanctions (DIS) program before […]

State v. Daniel C. Tuescher, 226 Wis.2d 465, 595 N.W.2d 443 (Ct. App. 1999) For Tuescher: David D. Cook Issue/Holding: Tusecher’s conviction on one count, out of several counts with concurrent sentences, was vacated for new trial. He continued to serve the remaining sentences, and was ultimately convicted and sentenced on a lesser offense on […]

State v. Richard J. Kenyon, 225 Wis.2d 657, 593 N.W.2d 491 (Ct. App. 1999) For Kenyon: Rex Anderegg Issue/Holding: Employee Retirement Income Security Act trumps Victims’ Rights. Kenyon was convicted of stealing about $150,000, and was ordered to pay restitution by “voluntarily” withdrawing funds from his pension fund. The COA reverses, holding that ERISA’s preemption […]

State v. Laura Walters, 224 Wis.2d 897, 591 N.W.2d 874 (Ct. App. 1999) For Walters: Todd W. Bennett Issue/Holding: Setoff is available to reduce the amount of special damages. The defendant has the burden of proving facts necessary to this defense. Since the victim here suffered general as well as special damages, Walters was therefore […]

State v. Laura Walters, 224 Wis.2d 897, 591 N.W.2d 874 (Ct. App. 1999) For Walters: Todd W. Bennett Issue/Holding: The COA refuses to acknowledge accord and satisfaction as a restitution defense. Restitution, the court reasons, “is not a claim which a defendant owns, as a civil claim is. It is a remedy that belongs to […]

State v. Derrick L. Madlock, 230 Wis.2d 324, 602 N.W.2d 104 (Ct. App. 1999) For Madlock: Margaret A. Maroney, SPD, Madison Appellate Issue: Whether restitution may be ordered without a showing of causation or actual damages. Holding: The record must show at least a minimal nexus between the defendant’s criminal conduct and the victim’s claimed […]

State v. Nils V. Holmgren, 229 Wis.2d 358, 599 N.W.2d 876 (Ct. App. 1999) For Holmgren: William E. Appel Holding: Holmgren’s theft, related to unauthorized use of company’s credit card, gives rise to various restitution issues, all turning on the distinction between special and general damages. (Special damages — those which do not necessarily arise […]