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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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Presentence Report — 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 […]
Ch. 51 Time Limits: Hearing to Review Transfer to Inpatient Status
Fond du Lac County v. Elizabeth M.P., 2003 WI App 232 For Elizabeth M.P.: Thomas K. Voss Issue: Whether the circuit court had jurisdiction to transfer Elizabeth, who was on outpatient status under ch. 51, to inpatient status given that judicial review of the county’s transfer decision wasn’t held within 10 days, contrary to § 51.35(1)(e)3. Holding: […]
Guardianship: Protective Placement
Walworth County v. Therese B., 2003 WI App 223 Issue/Holding: Procedural due process in guardianship and protective placement proceedings is governed by the analysis used in mental commitments, W.J.C. v. Vilas County, 124 Wis. 2d 238, 240, 369 N.W.2d 162 (Ct. App. 1985), which in turn adopts Mathews v. Eldridge, 424 U.S. 319 (1976): ¶11 … The Mathews test “involves […]
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: […]
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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.