2. Modification

State v. Junior L. Williams-Holmes, petition for review of a published court of appeals decision granted 11/16/22; case activity (including PFR, PFR response, and briefs) Issue presented (from the defendant’s PFR) Can a circuit court use its statutory authority to modify conditions of probation and extended supervision to regulate the day-to-day affairs of individuals on… Read more

State v. Carl L. Dowdy, 2012 WI 12, affirming 2010 WI App 58; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity ¶4   We conclude that Wis. Stat. § 973.09(3)(a) does not grant a circuit court authority to reduce the length of probation.  Rather, the plain language of § 973.09(3)(a) grants a circuit court authority only… Read more

court of appeals decision; for Dowdy: Bryan J. Cahill; Amicus: Dustin Haskell (SPD), Robert Henak (WACDL); case activity Issues (formulated by On Point): Whether authority granted a circuit court by § 973.09(3)(a) to “extend probation for a stated period or modify the terms and conditions thereof,” includes the power to reduce the length of the term of… Read more

State v. Carl L. Dowdy, 2010 WI App 58, review granted, 3/16/11; for Dowdy: Bryan Cahill; BiC; Resp.; Reply Judges lack statutory authority to reduce the length of probation. ¶16      We conclude that we do not have cause to refer to legislative history or other extrinsic tools, because the plain language of Wis. Stat. § 973.09(3)(a) does… Read more

State v. Bernard G. Fearing, 2000 WI App 229, 239 Wis.2d 105, 619 N.W.2d 115 For Fearing: Patrick J. Stangl Issue: Whether a defendant must first raise a challenge to a condition of probation in a trial-level postconviction motion before seeking relief in the appellate court. Holding: Even if the rule that review of a sentence requires… Read more