On Point blog, page 95 of 95
Presentence Report – Conflict of Interest – Author Married to Defendant’s Prosecutor — Showing Actual Bias not Required – Remedy (Strike PSI) / Harm (Must Show Unfair Influence over Sentencing Process)
State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Requiring any defendant to demonstrate that the marital relationship actually influenced the writer’s impressions and recommendations would present an insurmountable hurdle to any defendant attempting to challenge a PSI. The reasons […]
Presentence Report — Role in Sentencing — In General
State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Our supreme court has acknowledged the importance of the PSI to the sentencing process. See State v. McQuay, 154 Wis.2d 116, 130-31, 452 N.W.2d 377, 383 (1990). The integrity of the sentencing […]
Presentence Report — Bias, Demonstration of — Defendant’s Homosexuality
State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Suchocki claims that his due process right to a fair sentencing hearing was violated. Accordingly, he must demonstrate both bias in the PSI writer and that the sentencing process was prejudiced […]
Presentence Report — Use / Challenge to Factual Accuracy
State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: The use of a PSI is a matter within the court’s discretion. The court has discretion to order a PSI and to determine the extent to which it will rely upon […]
Consecutive Sentences — No Authority to Impose, Relative to Jail Time as Condition of Probation in Another Case — Remedy of Resentencing
State v. Daron E. Maron, 214 Wis. 2d 384, 571 N.W.2d 454 (Ct. App. 1997) For Maron: Susan E. Alesia, SPD, Madison Appellate Issue/Holding1: … We conclude that § 973.15(2), Stats., does not give the trial court authority to order that the sentence be served consecutive to jail time already being served as a condition […]
Restitution — Limitations — Bail-Bond Disbursement
William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue: Whether bail posted under a bond in a seprate criminal case may be forfeited in order to satisfy a restitution obligation. Holding: In regards to this jurisdictional question, Olson … argues that a trial court has […]
Restitution — Defenses — Civil Settlement (Setoff)
William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue/Holding: The statutory section governing restitution allows a defendant to reduce civil damages awarded to the crime victim by amounts paid pursuant to a restitution order. See § 973.20(8), Stats. We read this statute to likewise […]
Presentence Report — Postsentencing Access: Court Authorization Required
State ex rel. Hill v. Zimmerman, 196 Wis. 2d 419, 538 N.W.2d 608 (Ct. App. 1995) Issue/Holding: Section 972.15(2), Stats., provides, “When a presentence investigation report has been received the judge shall disclose the contents of the report to the defendant’s attorney … prior to sentencing.” (Emphasis added.) Thus, before sentencing, a defendant has an absolute right […]