State v. Joseph T. Langlois, 2017 WI App 44, petition for review granted 12/13/17, affirmed, 2018 WI 73; case activity (including briefs) We all know that an appellate court determines the accuracy of a trial court’s jury instructions by reviewing them as a whole, not in isolation. State v. Pettit, 171 Wis. 2d 627, 637-638, 492… Read more
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State v. Nathan J. Paape, 2015AP2462-CR, District 2, 6/28/17 (not recommended for publication); case activity (including briefs) Paape and a co-defendant, Antonio Barbeau, were convicted as adults for a first degree intentional homicide they committed when they were 13 years old. Both received the mandatory life sentence and both were granted eligibility under § 973.014(1g)(a)2. to… Read more
State v. Tydis Trinard Odom, 2015AP2525-CR; District 2, 6/28/17, certification granted 9/12/17, appeal voluntarily dismissed 2/22/18; case activity (including briefs) Issue: In determining whether the imposition of multiple DNA surcharges constitutes “potential punishment” under WIS. STAT. § 971.08(1)(a) so that a court must advise a defendant about the surcharges before a valid plea may be taken, is the “intent-effects”… Read more
Defense win: COA holds mandatory DNA surcharge violates ex post facto clause as applied in this case
State v. Jamal L. Williams, 2017 WI App 46, cross petitions for review granted 10/10/17, reversed in part and affirmed in part, 2018 WI 59; case activity (including briefs) It’s looking like “DNA surcharge Day” in the District 2 court of appeals. Williams argued that because he had been ordered to provide a DNA sample and pay… Read more
State v. Matthew Ray Taylor, 2016AP682-CR, District 1, 6/27/17 (not recommended for publication); case activity (including briefs) Taylor argues he should get a new trial based on newly discovered evidence and ineffective assistance of counsel. The court of appeals rejects his claims. Contreres, Bachman, and McClendon met up with two men to try to buy… Read more
State v. Dimitri C. Boone, 2016AP918-CR, District 1, 6/27/17 (not recommended for publication); case activity (including briefs) Boone sought a “new factor” sentence modification based on alleged inaccuracies in the report of the presentence investigation (PSI). The court of appeals holds that Boone failed to show the information in the PSI was inaccurate, failed to… Read more
State v. Steven F. Zastrow, 2015AP2182-CRAC, District 3, 6/27/17 (not recommended for publication); case activity (including briefs) Zastrow was serving a string of four consecutive prison sentences, the first imposed in June 2006 in Winnebago County, the other three imposed in October 2006 in Outagamie County. In 2008 the Winnebago sentence was vacated and Zastrow was resentenced to imposed… Read more
We’ve covered the pending cert petition in Loomis v. Wisconsin (e.g., here, here, here, and here), so we thought we’d close out our coverage by letting our readers know the Supreme Court denied the petition on its way out the door for summer recess. We’ll have to wait for some other case to address whether there are any… Read more
