State v. Isaac H. Williams, State v. Willie Hogan, 2001 WI App 263, PFR filed 11/23/01 For Williams: Donna L. Hintze, SPD, Madison Appellate For Hogan: Donald T. Lang, SPD, Madison Appellate Issue1: Whether the § 980.08(1) requirement that the SVP wait 18 months after initial commitment before petitioning for supervised release violates substantive due process. Holding… Read more
Published 2001
Reuben Adams v. Macht, 2001 WI App 10, 241 Wis. 2d 28, 623 N.W.2d 215 Issue: Whether the Wisconsin Resource Center policy prohibiting former employees from visiting the institution is enforceable against a patient seeking visits from a former employee who is also the mother of his child. Holding: The policy is reasonable and based… Read more
State v. Dennis R. Thiel (III), 2001 WI App 32, 241 Wis. 2d 465, 626 N.W.2d 26 For Thiel: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the standard for waiver of right to counsel in a criminal proceeding applies to Ch. 980. Holding: “… (B)ecause WIS. STAT. § 980.09(2) guarantees the right to counsel… Read more
Sentence Modification — New Factor — Post-Sentencing Revocation — Linkage to Intended Drug Treatment
State v. Steve Norton, 2001 WI App 245 For Norton: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether an unanticipated, post-sentencing revocation amounted to a new factor justifying modification of sentence. Holding: ¶10. Although we agree with the State that, in general, revocation of probation in another case does not ordinarily present a new factor, the… Read more
State v. Andre D. Crockett, 2001 WI App 235, PFR filed For Crockett: David D. Cook Issue:Whether facts suggesting that the defendant might have been less culpable than his codefendants amounted to a new factor justifying modification of sentence. Holding: A new factor may be relate to facts “unknowingly overlooked” at sentencing; here, although the asserted new… Read more
State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether Casteel’s failure to argue in a prior new-factor based attempt to modify sentence bars him from now arguing that the special action release program, § 304.02 — a statute extant at the time of the prior motion to modify — is a new factor. Holding: ¶17. We… Read more
State v. Anthony A. Parker, 2001 WI App 111 Issue: Whether transfer to an out-of-state prison was a new factor supporting sentence modification. Holding: ¶11. Parker contends that his transfer out of state is a new factor that frustrates the purpose of his sentence because his placement no longer coincides with the judgment of conviction confining… Read more
State v. David J. Wolfe, 2001 WI App 136, 246 Wis.2d 233, 631 N.W.2d 240, PFR filed 5/18/01 For Wolfe: Ann T. Bowe Issue: Whether evidence of the respondent’s arson adjudication, and institutional violations and misconduct while at an adolescent treatment center were admissible under § 904.04. Holding: ¶37 Diagnoses of a mental disorder and… Read more
