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… Read more
Published 2003
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… Read more
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether post-petition grant of jail credit deprived the court of competency to proceed, where the petition was filed within 90 days of the pre-grant release date, but would be untimely when calculated against the post-grant date. Holding: ¶17… Read more
State v. Henry Pocan, 2003 WI App 233 For Pocan: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: Pocan established probable cause for a discharge hearing where the psychologist conducting the reevaluation and using actuarial tables unavailable at the time of original commitment found no substantial probability of reoffending: ¶11. The State argues that Wis. Stat… Read more
State v. Shawn Virlee, 2003 WI App 4, PFR filed 1/3/03 For Virlee: Jack E. Schairer Issue: Whether ch. 980 violates due process and/or equal protection because it doesn’t allow for pretrial release. Holding: ¶14. We decline to address Virlee’s due process and equal protection arguments because he fails to establish, and we do not see, how… Read more
State v. Randy D. Stafford, 2003 WI App 138 For Stafford: Robert G. LeBell Issue/Holding: ¶12. … To obtain sentence modification, a defendant must establish that (1) a new factor exists, and (2) the new factor justifies sentence modification. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether a fact or set… Read more
State v. Ray A. Schiller, 2003 WI App 195 For Schiller: Jack E. Schairer, SPD, Madison Appellate Issue/Holding: ¶11. However, a “serious difficulty in controlling behavior” is not about whether a person has the ability to make choices….¶12. The Crane Court further indicated that we must not only consider whether the person has the ability… Read more
State v. Richard G.B., 2003 WI App 13, PFR filed 1/13/03 For Richard G.B.: Bridget E. Boyle Issue/Holding: Sentence of 18 years for sexual assault of a child (mouth-vagina intercourse with 15 year-old niece) wasn’t harsh and excessive, measured against a maximum possible sentence of 20 years. Trial court also “articulated its reasoning for the sentence… Read more
