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On Point is a judicial analysis blog written by members of the Wisconsin State Public Defenders. It includes cases from the Wisconsin Court of Appeals, Supreme Court of Wisconsin, and the Supreme Court of the United States.
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Sentence Modification — New Factor — PSI Assessment Tainted by Conflict of Interest
State v. Randy D. Stafford, 2003 WI App 138 For Stafford: Robert G. LeBell Issue/Holding: A mental health professional whose assessment of the sexual assault defendant was incorporated into the presentence report and cited at length by the sentencing judge and who had, unbeknownst to the defense, treated the victim for the six months prior to […]
Sentence Modification — New Factor — Health
State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶21. Further, Ramuta’s obesity-related health problems and his resulting shorter-than-normal life expectancy are also not new factors. See Michels, 150 Wis. 2d at 99-100, 441 N.W.2d at 280-281 (defendant’s health and its […]
Sentence Modification — New Factor — Subsequent Sentence
State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: Subsequent sentences on charges pending at the time of this sentencing didn’t amount to a new factor, State v. Norton, 2001 WI App 245, distinguished: ¶20. Ramuta has not demonstrated by clear and […]
Resentencing — after grant of partial relief
State v. William J. Church (II), 2003 WI 74, reversing 2002 WI App 212, 257 Wis. 2d 442, 650 N.W.2d 873; earlier history: State v. William J. Church, 223 Wis.2d 641, 589 N.W.2d 638 (Ct. App. 1998), petition for review dismissed as improvidently granted, 2000 WI 90 For Church: James L. Fullin, SPD, Madison Appellate Issue: Whether resentencing is required on […]
Modification — New Factor — General Test
State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶8. The law appropriately recognizes that sentences may be based on what is unknowingly incomplete information, and, if they are, that there should be some mechanism to correct a resulting injustice. […]
SVP – Trial: Evidence — Jail Credit Not Relevant
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue/Holding: Barring introduction of the post-petition grant of sentence credit was proper: this evidence “would have been irrelevant to whether the State filed its petition within ninety days of Virlee’s release and would have confused the jury on this […]
Modification — New Factor — TIS-II, Change in Offense Classification and Penalty Structure
State v. Jonathan R. Torres, 2003 WI App 199, PFR filed 9/18/03 For Torres: Michael Yovovich, SPD, Madison Appellate Issue: Whether reclassification of Torres’ offense by TIS-II, 2001 Wis. Act 109 §§545-559, which substantially reduced the maximum penalty, amounts to a new factor that would support reduction of his sentence imposed under the prior, TIS-I regime. Holding: […]
SVP – Pretrial – Petition — Timeliness — Post-Petition Grant of Jail Credit Not Affecting<
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether post-petition grant of jail credit deprived the court of competency to proceed, where the petition was filed within 90 days of the pre-grant release date, but would be untimely when calculated against the post-grant date. Holding: ¶17. […]
SVP – Post-Disposition – Discharge Petition — Probable Cause Hearing
State v. Henry Pocan, 2003 WI App 233 For Pocan: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: Pocan established probable cause for a discharge hearing where the psychologist conducting the reevaluation and using actuarial tables unavailable at the time of original commitment found no substantial probability of reoffending: ¶11. The State argues that Wis. Stat. […]
SVP – Pretrial Release
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether ch. 980 violates due process and/or equal protection because it doesn’t allow for pretrial release. Holding: ¶14. We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how […]
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On Point provides information (not legal advice) about important developments in the law. Please note that this information may not be up to date. Viewing this blog does not create an attorney-client relationship with the Wisconsin State Public Defender. Readers should consult an attorney for their legal needs.