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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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Double Jeopardy – Sentence: Modification – Four Months After Sentencing, As Violating Expectation of Finality
State v. Guy R. Willett, 2000 WI App 212, 238 Wis.2d 621, 618 N.W.2d 881 For Willett: Susan E. Alesia, SPD, Madison Appellate Issue: Whether the trial court had authority to change its sentences from concurrent to consecutive to a separately imposed sentence, four months later, after concluding that its sentencing was based on an […]
Double Jeopardy – Sentence: Amending Sentence to Correct Mistaken Oral Pronouncement
State v. Frank James Burt, 2000 WI App 126, 237 Wis. 2d 610, 614 N.W.2d 42 For Burt: Michael P. Jakus Issue: Whether the trial court violated double jeopardy by amending sentence the same day of imposition, before judgment of conviction had been entered, after realizing it had mistakenly said “concurrent” instead of “consecutive.” Holding: […]
Enhancer — § 939.62(2m)(d), Persistent Offender — Life Without Parole — Cruel and Unusual Punishment
State v. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, on certification; clarified on reconsideration, on a different point, 2001 WI 6 For Hahn: Steven G. Bauer Issue: “(W)hether the persistent repeater penalty enhancer as applied to the defendant violates the Eighth Amendment to the U.S. Constitution prohibiting cruel and unusual […]
Enhancer — § 941.29(2m), 2nd-Offense Felon in Possession, Supports Repeater
State v. Calvin E. Gibson, 2000 WI App 207, 238 Wis.2d 547, 618 N.W.2d 248 For Gibson: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶1. The question presented is whether the habitual criminality enhancer may be applied to a conviction for a second offense felony of firearm possession. Calvin E. Gibson, who was convicted of […]
Enhancer — § 939.63, Dangerous Weapon Enhancer — Nexus to Predicate Offense
State v. John W. Page, 2000 WI App 267, 240 Wis.2d 276, 622 N.W.2d 285 For Page: William E. Schmaal, SPD, Madison Appellate Issue: Whether possession of dangerous weapon enhancer, § 939.63, requires actual use or threat to use the weapon while committing the enhanced offense. Holding: Under the correct reading of [State v.] Peete [,185 Wis. 2d […]
Enhancers — Collateral Attack on, as Part of Sentencing Proceeding
State v. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, clarified on reconsideration, 2001 WI 6, on certification For Hahn: Steven G. Bauer Issue: “(W)hether the U.S. Constitution requires that an offender be permitted during an enhanced sentence proceeding predicated on a prior conviction to challenge the prior conviction as unconstitutional […]
Enhancers – Jail as Condition of Probation Tolling Time Limit for Repeater
State v. Todd E. Crider, 2000 WI App 84, 234 Wis. 2d 195, 610 N.W.2d 198 For Crider: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether jail time spent as a condition of probation qualifies as “actual confinement serving a criminal sentence,” so as to extend the § 939.62(2) 5-year period within which a prior conviction must […]
Reasonable Suspicion Issues – Frisk – Minor Traffic Violation – Passenger
State v. Jeff S. Mohr, 2000 WI App 111, 235 Wis.2d 220, 613 N.W.2d 186 For Mohr: Eileen A. Hirsch, SPD, Madison Appellate Issue: Whether the frisk of a passenger, some 25 minutes after a routine traffic stop, was supported by reasonable belief that the person was armed. Holding: The frisk was unlawful; because it “occurred […]
Terry Frisk – Scope, Generally
State v. Martin D. Triplett, 2005 WI App 255 For Triplett: Syovata Edari, SPD, Milwaukee Appellate / Milwaukee Trial Issue/Holding: ¶11 Despite the fact-specific nature of our analysis, we glean from the case law several useful guiding principles. First, an officer should confine his or her search “strictly to what [is] minimally necessary” to learn […]
Consecutive Sentences – Sentence Consecutive to Future Revocation
State v. James E. Cole, 2000 WI App 52, 233 Wis. 2d 577, 608 N.W.2d 432 Issue: Whether a sentence can be ordered to run “consecutive to revocation” when the defendant’s parole has not yet been revoked. Holding: A court has authority, under Wis. Stat. § 973.15(2)(a), to make the current sentence consecutive to a revocation […]
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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.