State v. Brandon L. Mason, 2004 WI App 176 For Dawson: Ellen Henak, SPD, Milwaukee Appellate Issue/Holding: Where the term of initial confinement exceeds the permissible maximum, based on the rule that this term may not exceed 75% of the total sentence, the error is not harmless even though the term is less than the maximum… Read more
Published 2004
State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue/Holding: Because the “presentence investigation was not part of the accusatory stage of a criminal proceeding”; and because the PSR “interview was routine and was not conducted while Jimmie’s jeopardy was still in doubt, Jimmie… Read more
State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue: Whether the holding of State v. Crowell, 149 Wis. 2d 859, 440 N.W.2d 352 (1989) with respect to confidentiality of presentence reports “only prohibited use of information obtained during the presentence investigation in a subsequent… Read more
State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶¶21-22: Confidentiality of court-ordered presentence reports, State v. Crowell, 149 Wis. 2d 859, 440 N.W.2d 352 (1989) is not a right applicable to defense-prepared PSRs, State v. Thomas A. Greve, 2004 WI 69. Thus, the defendant’s statements in a D-PSR… Read more
State v. Timothy Scott Bailey Smith, Sr., 2004 WI App 116, reversed on other grounds, 2005 WI 104 For Smith: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶10 The State points out that omissions in jury instructions are subject to a harmless-error analysis. See State v. Harvey, 2002 WI 93, ¶6, 254 Wis. 2d 442… Read more
Amy Z. v. Jon T., 2004 WI App 73 For Jon T.: Geoffrey Dowse Issue/Holding: ¶18. We conclude that the circuit court had the authority to order child support in the context of the Wis. Stat. ch. 880 proceeding. We do so in light of the constitutional grant of broad plenary power to the circuit… Read more
State v. Richard A. Devore, 2004 WI App 87, PFR filed 4/21/04 For Devore: Catherine M. Canright Issue/Holding: ¶1 Richard Devore appeals an order denying his motion to be transferred to Minnesota under the Interstate Compact on Mental Health, WIS. STAT. § 51.75. He contends the circuit court erred when it concluded that, as a matter of… Read more
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶47. Finally, we acknowledge (and the State does not dispute) that the amount of restitution the court ordered Longmire to pay played a significant role in the court’s determination of the length of extended supervision it ordered… Read more
