On Point blog, page 10 of 37
Court of appeals rejects numerous challenges to homicide conviction
State v. Ron Joseph Allen, 2016AP885, 6/13/17, District 1 (not recommended for publication); case activity (including briefs)
A jury convicted Ron Allen of first-degree intentional homicide as party to the crime. He raises various challenges to the conviction and sentence of life without extended supervision, but the court of appeals rejects them all.
Solicitor General files amicus brief regarding COMPAS in Wisconsin v. Loomis
Recall that SCOTUS recently ordered the Solicitor General to file an amicus brief on the question of whether Loomis’ petition for writ of certiorari should be granted or denied. Here is the SG’s amicus brief. It argues that “the use of actuarial risk assessments raises novel constitutional questions that may merit this Court’s attention in a future case.” Amicus Br. at 12. However, says the SG, Loomis is not a good vehicle for addressing th0se issues because, among other things:
Chief Justice Roberts comments on courts’ use of artificial intelligence to decide cases
State v. Loomis has made the NYTimes again. See today’s article by Adam Liptak: Sent to Prison by Software’s Secret Algorithms.
SCOW: 1 car crash killing 2 victims yields 2 counts of “hit and run” in violation of sec. 346.67(1)
State v. Sambath Pal, 2017 WI 44, 4/28/17, affirming a court of appeals summary disposition, 2015AP1782-CR; case activity (including briefs)
Driver crashes into group of motorcyclists, kills one, mortally injures a second, flees the scene, and eventually pleads guilty to 2 counts of hit and run resulting in death contrary to §346.67(1). He’s sentenced to 2 consecutive terms of 10 years IC and 10 years ES. Questions Presented: Did driver commit 1 offense or 2? And is his sentence unduly harsh?
More concerns about using Artificial Intelligence to sentence defendants
This week Wired ran an op-ed arguing that courts should stop using algorithms to set bail and sentence defendants until some ground rules are set. Yes, it discusses Compas and State v. Loomis. But beyond that it describes what could happen if courts move from using simple algorithms to using deep learning algorithms known as neural networks to sentence someone. Here is an excerpt from the article:
Consider a scenario in which the defense attorney calls a developer of a neural-network-based risk assessment tool to the witness stand to challenge the “high risk” score that could affect her client’s sentence.
Resentencing required where judge relied on erroneous information, erroneously exercised discretion
State v. Thomas G. St. Peter, 2016AP683-CR, District 1, 4/18/17 (one-judge decision; ineligible for publication); case activity (including briefs)
St. Peter is entitled to a new sentencing hearing because the judge violated his due process rights when it relied on inaccurate information to jump the parties’ joint recommendation for time served and impose more jail time. State v. Tiepelman, 2006 WI 66, 291 Wis. 2d 179, 717 N.W.2d 1 (sentencing based on inaccurate information violates due process). Not only that, but the judge erroneously exercised his sentencing discretion by failing to link the relevant facts and factors of the case to the standard sentencing objectives. —And you thought an erroneous exercise of sentencing discretion was as mythical a beast as a unicorn!
State v. Michael L. Washington, 2016AP238-CR, petition for review granted 4/10/17
Review of a published court of appeals decision; case activity (including briefs)
Issue:
Whether a defendant may, by voluntary absence or other conduct, waive the statutory right to be present at trial before the trial has begun?
Denial of claims for ineffective assistance of counsel, violation of ex post facto clause, and resentencing affirmed
State v. David L. Johnson, 2015AP2605-CR, 4/4/17, District 1 (not recommended for publication); case activity (including briefs)
A jury found Johnson guilty of aggravated battery and false imprisonment but acquitted him of sexual assault and strangulation. The court imposed 2 consecutive 6-year sentences. Johnson appealed and argued that the postconviction court erred in denying his claim for ineffective assistance of trial counsel without a hearing, imposing a DNA surcharge in violation of the ex post facto clause, and in denying resentencing.
Is simply mentioning a defendant’s young age enough to satisfy Miller v. Alabama?
McKinley Kelly v. Richard Brown, 7th Circuit Court of Appeals No. 17-1244, 3/16/17
Two judges on the Seventh Circuit apparently think so, based on their rejection of Kelly’s motion to file a second federal habeas petition so he can challenge his sentence under Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life sentence for juvenile offenders is unconstitutional).
Overlooking eligibility for expungement at sentencing isn’t a “new factor”
State v. Diamond J. Arberry, 2017 WI App 26, petition for review granted 6/16/17, affirmed, 2018 WI 7 ; case activity (including briefs)
Because a circuit court must decide whether to grant expungement under § 973.015 “at the sentencing proceeding,” State v. Matasek, 2014 WI 27, ¶45, 353 Wis. 2d 601, 846 N.W.2d 811, the court doesn’t have authority to consider expungement when it asked to do so in a defendant’s postconviction motion.