court of appeals decision (1-judge; ineligible for publication) Probation Extension, Unpaid Restitution Probation properly “extended to get more substantial payments towards his restitution obligation”; caselaw prohibition on “debt collection” extensions limited to where record “teeming with substantial reasons not to extend”; extension here served salutary purpose of allowing Genge to seek PTSD treatment… Read more
31. Probation/ES
State v. Clayborn L. Walker, 2008 WI 34, reversing 2007 WI App 142 For Walker: Amelia L. Bizzaro Issue: Whether the judge is required, at a TIS reconfinement hearing, to have read the original sentencing transcript. Holding: ¶3 We agree with the State and conclude that State v. Gee [3] misinterpreted our decision in Brown. We conclude that a circuit court is not… Read more
State v. John C. Brown, 2006 WI 131, affirming 2006 WI App 44 For Brown: Randall E. Paulson, SPD, Milwaukee Appellate Amicus: Robert R. Henak and Amelia L. Bizzaro; Walter J. Dickey & David E. Schultz Issue/Holding: ¶22 We conclude that a reconfinement decision, like an initial sentencing decision, involves the circuit court’s discretion, and we review the… Read more
State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: The requirement of sentencing after probation revocation that the judge review the original sentencing transcript, State v. Reynolds, 2002 WI App 15, 249 Wis. 2d 798, 643 N.W.2d 165 (Ct. App. 2001), does not apply to reconfinement after… Read more
State ex rel. Leroy Riesch v. Schwarz, 2005 WI 11, summary order For Riesch: Christopher J. Cherella Issue/Holding: ¶11. Since granting the petition for review in this case, we have determined that the issue presented is moot as to Riesch. “An issue is moot when its resolution will have no practical effect on the underlying… Read more
Sentencing – Review — Sentence Exceeding Statutory Maximum — Consecutive Terms of Probation — Remedy
State v. Glenn F. Schwebke, 2001 WI App 99, 242 Wis. 2d 585, 627 N.W.2d 213, affirmed on other grds., 2002 WI 55 For Schwebke: Keith A. Findley, UW Law School Issue/Holding: The remedy for this sentence which exceeded the permissible maximum — multiple counts of probation running consecutive to one another, ¶¶25-30 — is to commute… 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
State v. James E. Gray, 225 Wis.2d 39, 590 N.W.2d 918 (1999), affirming unpublished decision For Gray: Helen M. Mullison Issue/Holding: Gray was originally convicted of three counts. On postconviction motion, the trial court vacated and dismissed with prejudice one count for lack of proof, and ordered a new trial on a second count. The… Read more
