State v. Brandon M. Melton, 2012 WI App 95, WSC review granted 11/14/12(recommended for publication), supreme court review granted 11/14/12; case activity Under “unique facts,” the circuit court possessed inherent authority to order destruction of a PSI: the PSI contained uncharged offenses irrelevant to sentencing whose inclusion was improper under DOC rules; and, though sealed, it coexisted with a second… Read more
Published 2012
State v. Richard Lavon Deadwiller, 2012 WI App 89, supreme court review granted 1/14/13; affirmed, 2013 WI 75; case activity A report from an “outside” lab (Orchid Cellmark) relied on by a State Crime Lab technician for “investigative” purposes in developing a DNA match between defendant and assailant wasn’t “testimonial,” therefore didn’t violate confrontation: ¶1… Read more
State v. Jaredt E. Simonis, 2012 WI App 84 (recommended for publication); case activity Although Simonis was properly ordered pursuant to § 973.047 provide a DNA sample, the sentencing court erroneously exercised discretion in ordering him under § 973.046 to pay the associated costs. ¶1 The sole issue on appeal is whether the circuit court… Read more
David R. Turnpaugh v. State of Wisconsin Claims Board, 2012 WI App 72; case activity Turnpaugh, whose conviction for soliciting was overturned when the court of appeals concluded that it was unsupported by any evidence, State v. Turnpaugh, 2007 WI App 222, 305 Wis. 2d 722, 741 N.W.2d 488, petitioned for compensation on the basis of innocence, § 775.05. The Claims… Read more
State v. Willie H. Jackson, 2012 WI App 76 (recommended for publication); case activity § 973.048(1m) (2003-04) authorizes the sentencing court to require sex offender registration under § 301.45 for conviction of enumerated crimes, “if the court determines that the underlying conduct was sexually motivated as defined in s. 980.01(5)” and public protection would be advanced thereby. (“Sexually… Read more
State v. Nathan J. Meinhardt, 2012 WI App 82 (recommended for publication); case activity Amendments to § 973.015(1)(a) (2009-10), which expanded the offender’s age-ceiling and the eligible pool of offenses, doesn’t apply retroactively. ¶3 The determinative issue in this case is whether the circuit court has the authority to apply the amended version of Wis. Stat.§ 973.015(1)(a) retroactively to Meinhardt’s… Read more
State v. Michael D. Carroll, 2012 WI App 83 (recommended for publication); case activity Repeal of ability to earn “positive adjustment time” wasn’t highly relevant to Carroll’s sentence, therefore didn’t constitute a new factor that could support sentence modification. ¶9 Because 2011 Wis. Act 38 did not become effective until more than a year after Carroll’s… Read more
State v. Jerred Renard Washington / Jerred Renard Washington v. State, 2012 WI App 74 (recommended for publication); case activity (974.06); case activity (writ) Habeas (Knight Petition) – Laches Following his plea-based conviction in 1997, Washington’s retained counsel filed a postconviction 809.30 motion in 1998. Counsel did not file a notice of appeal, however, after the motion was denied. Then, in… Read more
