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
31. Probation/ES
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State v. James Robert Thomas, No. 2010AP332-CR, District III, 7/27/10 court of appeals decision (1-judge, not for publication); for Thomas: Steven D. Phillips, SPD, Madison Appellate; BiC; Resp.; Reply The sentencing court exhibited objective bias, requiring resentencing, when it imposed the maximum on sentencing after revocation, given the court’s threat when it placed Thomas on… Read more
State ex rel. Titus Henderson v. Raemisch, 2010 WI App 114; pro se; Resp. Br. Partial dismissal of a prisoner lawsuit doesn’t counts as a “strike” within the meaning of the § 801.02(7)(d) “three-strike” provision of the Wisconsin Prisoner Litigation Reform Act. The PLRA regulates “prisoner” lawsuits. Typically, these relate to conditions of confinement, something the SPD doesn’t provide representation for… Read more
court of appeals decision (1-judge; not for publication); for Luckett: Cheryl A. Ward; BiC; Resp.; Reply Extended Supervision Conditions ES condition barring Luckett from residing”with any person in any place in which children or women reside [without] Court’s permission” neither unreasonable nor unconstitutionally overbroad. The court of appeals stresses that Luckett’s history “demonstrates domestic violence”… Read more
court of appeals decision (1-judge; not for publication); for Cochran: Michael J. Schmidt; BiC; Resp. Probation Extension Extension of probation due to failure to discharge restitution obligation upheld, against argument Cochran had made good-faith effort to pay but lacked ability to do so… Read more
court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br.; Reply Br. Conditional Jail Time “Applying the plain language of § 973.09(4)(a), it is clear that straight confinement time may be imposed as a condition of probation, and that although the trial court ‘may grant’ work-release privileges, it is not required to do so.” It follows… Read more
State v. Travis Joe Brimer, Jr., 2010 WI App 57; for Brimer: Lora B. Cerone, SPD, Madison Appellate; Resp. Br.; Reply Br. “The right against self-incrimination only applies at criminal proceedings or “other proceeding … where the answers might incriminate [the defendant] in future criminal proceedings.” Allen v. Illinois, 478 U.S. 364, 368 (1986) (citations omitted),” ¶7. Because a reconfinement hearing… Read more
