State v. Tony J. Lalicata, 2012 WI App 138 (recommended for publication); case activity Probation is not an available disposition under § 948.02(1)(b) (child sexual assault). By mandating that “the court shall impose a bifurcated sentence” with a confinement portion of at least 25 years for that offense, § 939.616 forecloses the possibility of probation: ¶14 … We… Read more
J. Ch. 948: Against children
State v. Harry Thompson, 2012 WI 90, reversing unpublished decision; case activity Section 970.02(1)(a) imposes several mandatory duties at initial appearance: the judge must inform the defendant of the charge, furnish him with a copy of the complaint, and personally inform him of the penalties for any felonies in the charge; and, the complaint must set forth the possible penalties… Read more
State v. Scott E. Ziegler, 2012 WI 73, on certification; case activity Interfering with Child Custody, § 948.31(2) – Elements Language in State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332, that one method of violating § 948.31(2) (interference with child custody) requires the parent’s “initial permission” to take child, is now “withdrawn”: ¶52 Pursuant to the plain… Read more
State v. Thaying Lor, 2011AP2019-CR, District 1, 5/1/12 court of appeals decision (not recommended for publication); for Lor: Benjamin F. Gallagher; case activity Effective Assistance of Counsel Counsel did not provide ineffective representation in the following respects: Failure to timely file motion seeking admission of complainant’s prior untruthful allegation of sexual assault. However, Lor did… Read more
on certification by-pass of court of appeals; for Ziegler: Christopher William Rose; case activity; prior post Interfering with Custody, § 948.31(2) Issue (from Certification): In State v. Bowden, 2007 WI App 234, 306 Wis. 2d 393, 742 N.W.2d 332, we analyzed Wis. Stat. § 948.31(2), which deals with criminal charges for interference with custody of children. There, we stated that withholding custody of a child “addresses… Read more
court of appeals certification, affirmed 2012 WI 73; for Ziegler: Christopher William Rose; case activity Interfering with Custody, § 948.31(2) Issue certified: Whether the court of appeals’ prior interpretation of § 948.31(2) to require “initial permission” from the parent should be overruled, State v. Bowden, 2007 WI App 234, ¶18, 306 Wis. 2d 393, 742 N.W.2d 332. § 948.31(2) addresses “[w]hoever… Read more
Matthew Steffes v. Thurmer, 7th Cir No. 09-3317, 11/4/11 seventh circuit decision, denying habeas relief on review of 2006AP1633-CR The “concurrent sentence doctrine” – which “allows appellate courts to decline to review a conviction carrying a concurrent sentence when one ‘concurrent’ conviction has been found valid,” Cheeks v. Gaetz, 571 F.3d 680, 684-85 (7th Cir.2009) – doesn’t… Read more
State v. Carlos G. Comas, 2010AP2687-CR, District 4, 9/29/11 court of appeals decision (not recommended for publication); for Comas: Steven D. Grunder, SPD, Madison Appellate; case activity Although Comas was charged with § 948.025(1)(a), repeated sexual assault of the same child by acts of sexual intercourse, the case was in effect tried under § 948.025(1)(ar) ,which requires acts of sexual… Read more
