State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: ¶47 Harvey correctly states Gallion’s teaching that probation should be considered as the first sentencing alternative. Gallion, 270 Wis. 2d 535, ¶25. Here, the trial court expressly addressed probation. … In sum, the court concluded that probation would unduly depreciate the offense… Read more
Published 2006
State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: Trial court’s discussion of the three primary sentencing factors was adequate, though the court did not explicitly identify those factors, ¶25. … Read more
State v. Jeremy D. Russ, 2006 WI App 9 For Russ: Martha K. Askins, SPD, Madison Appellate Issue/Holding: ¶14 This court observes a strong policy of deferring to the sentencing discretion of a trial court, presuming the sentence to be reasonable unless the defendant can demonstrate from the record that the court acted unreasonably. State v… Read more
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: A trial court may, but is not required to, override a defendant’s waiver of the right to conflict-free representation, and in this instance the trial court properly questioned the defendant and ascertained that he was knowingly and voluntarily waiving… Read more
State v. Carla L. Oglesby, 2006 WI App 95 For Oglesby: Timothy T. Kay Issue/Holding: ¶15 … [T]he trial court’s oral pronouncement imposed a two-year term of probation in 2004CM401. Despite this clear and unequivocal statement, the judgment of conviction recited a probation term of six years. ¶16 When an unambiguous oral pronouncement at sentencing… Read more
State v. Carla L. Oglesby, 2006 WI App 95 For Oglesby: Timothy T. Kay Issue/Holding: The test for statutory construction – whether the language is capable of being understood by reasonably informed persons in different ways – applies to determination of a sentencing court’s intent; where the parties staked out different sentencing positions but the sentencing… Read more
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: ¶15 Dion contends that he was denied effective assistance of counsel because his counsel’s law firm also represented his co-defendant brother Douglas. … While there is no Wisconsin case law directly on point, the State cites federal cases… Read more
State v. Dion W. Demmerly, 2006 WI App 181, PFR filed 9/11/06 For Demmerly: Edward J. Hunt Issue/Holding: Counsel’s cross-examination of state’s witness testifying under a grant of immunity was adequate where it revealed that the witness’s motivation for testifying was a desire to receive leniency on his pending charges, ¶22; and, also where any confusion about… Read more
