On Point blog, page 7 of 7
Plea Bargains — Breach: By Defendant – Challenging Prior Enhancer-Conviction
State v. Robert C. Deilke, 2004 WI 104, reversing 2003 WI App 151, 266 Wis. 2d 274, 667 N.W.2d 867
For Deilke: Kelly J. McKnight
Issue: Whether a defendant’s successful challenge to a prior plea-bargain based conviction that is being used as an enhancer in a current proceeding amounts to a breach of that prior plea bargain so as to allow reinstatement of charges dismissed under it.
Harsh and Excessive – Post-Sentencing Reduction of Maximum Penalty
State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265, 258 Wis. 2d 473, 654 N.W.2d 446
For Gallion: Randall E. Paulson, SPD, Milwaukee Appellate
Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School
Issue/Holding: Subsequent legislative reclassification of offense, which substantially reduced maximum penalty, didn’t make Gallion’s sentence harsh and excessive. ¶¶73-74.
Sentencing Review – Factors – Minimum Custody
State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265
For Gallion: Randall E. Paulson, SPD, Milwaukee App
Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School
Issue/Holding:
¶23. McCleary further recognized that “[t]he sentence imposed in each case should call for the minimum amount of custody or confinement which is consistent with the protection of the public,
SVP – Postdisposition: Supervised Release – Revocation – Notice: Vague Condition
State v. Ervin Burris, 2004 WI 91, affirming 2002 WI App 262, 258 Wis. 2d. 454, 654 N.W.2d 866For Burris: Joseph L. SommersIssue: Whether a condition of supervised release, that Burris “avoid all conduct … that is not in the best interest of the public’s welfare or your rehabilitation” provided adequate notice that obtaining a prescription for Viagra would subject him to revocation.
Holding:
¶53.