State v. Bernard G. Fearing, 2000 WI App 229, 239 Wis.2d 105, 619 N.W.2d 115 For Fearing: Patrick J. Stangl Issue: Whether a defendant must first raise a challenge to a condition of probation in a trial-level postconviction motion before seeking relief in the appellate court. Holding: Even if the rule that review of a sentence requires… Read more
Published 2000
State v. Joseph Scaccio III, 2000 WI App 265, 240 Wis.2d 95 For Scaccio: Jim D. Scott Issue: Whether Scaccio’s motion to modify a sentencing imposed after revocation was untimely because he failed to appeal the original judgment of conviction. Holding/Analysis: The principle is readily stated — you can take a direct appeal of a… Read more
State v. Thomas W. Jackson, 233 Wis.2d 231, 607 N.W.2d 338 (Ct. App. 2000) For Jackson: Martha K. Askins, SPD, Madison Appellate Issue: Whether a defendant is entitled to sentence credit on each consecutive sentence. Holding: Credit is allotted only toward the first of consecutive sentences. While on probation in Fond du Lac, Jackson was… Read more
State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether right to review of a motion to dismiss at the close of the state’s case waived by failing to object to the trial court’s delay in ruling until after the defense presents… Read more
State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue/Holding: ¶55 WISCONSIN STAT. § 973.20, governing restitution in criminal cases, “provides that a trial court ‘shall order the defendant to make full or partial restitution under this section to any victim of a crime,’ when… Read more
State v. Aaron Evans, 2000 WI App 178, 238 Wis.2d 411, 617 N.W.2d 220 For Evans: Steven D. Phillips, SPD, Madison Appellate Issue: Whether the sentencing court may allow the department of corrections to determine the amount of restitution. Holding: Delegating determination of restitution to DOC isn’t authorized by statute and is therefore inappropriate: “Restitution… Read more
State v. Carl Simonetto, 2000 WI App 17, 232 Wis.2d 315, 606 N.W.2d 275 For Simonetto: Christopher L. Hartley Issue: Whether the trial court erred in holding open restitution until certain victims could be identified. Holding: “Section 973.20(13)(c), Stats., creates a ninety-day maximum hold-open period for entry of restitution after a sentence is imposed.” ¶10. (Note… Read more
State v. Chad J. Knoll, 2000 WI App 135, 237 Wis.2d 384, 614 N.W.2d 20 Issue: Whether contributory negligence is a defense to restitution. Holding: ¶¶16, 17: Restitution is not a claim that is owned by an individual but a remedy of the State…. To allow a defendant who has already been convicted of a… Read more
