State v. Anthony J. Leitner, 2002 WI 77, affirming 2001 WI App 172, 247 Wis. 2d 195, 633 N.W.2d 207 For Leitner: Jefren Olsen, SPD, Madison Appellate Issue: Whether the sentencing court erred in considering the facts of convictions expunged under § 973.015. Holding: ¶46. If information about the underlying facts of an expunged conviction come from a source other… Read more
C. Factors
State v. Aaron O. Schreiber, 2002 WI App 75, PFR filed 3/12/02 For Schreiber: William J. Donarski Issue/Holding: “A sentencing court may consider writings and statements otherwise protected so long as there is a sufficient nexus to the defendant’s conduct and where the writings are relevant to the issues involved.” ¶16, citing Dawson v. Delaware, 503 U.S. 159… Read more
State v. Christopher Kaczynski, 2002 WI App 276, PFR filed 11/20/02 For Kaczynski: Eugene Kaluzny Issue/Holding: ¶9. It has long been the law in Wisconsin that, unless a defendant’s rights against self-incrimination are implicated (and Kaczynski makes no claim that they are), it is “entirely proper” for a trial court “to consider on sentencing, the… Read more
State v. Eric S. Fenz, 2002 WI App 244 For Fenz: Jacob W. Gobel Issue: Whether the sentencing court may take into account the amount of jail credit to be awarded, in the narrow instance where the court wants to assure a term of imprisonment sufficiently lengthy to allow exposure to a treatment program. Holding: ¶10. Fenz argues… Read more
State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265 For Gallion: Randall E. Paulson, SPD, Milwaukee App Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School Issue/Holding: ¶23. McCleary further recognized that “[t]he sentence imposed in each case should call for the minimum amount of custody or confinement which is consistent… Read more
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether the sentencing court punished the defendant for going to trial and by stressing the perceived falsity of the theory of defense. Holding: ¶66. We do not agree with Gribble’s claim that the trial court was… Read more
State v. Joshua Slagoski, 2001 WI App 112, PFR filed 4/27/01 For Slagoski: Christopher William Rose Issue1: Whether the results of a competency examination, which suggested that defendant presented a homicide-suicide risk, amounted to materially inaccurate information used at sentencing. Holding: ¶9 We conclude that it is entirely reasonable that a mental competency examination designed to address… Read more
State v. Shomari L. Robinson, 2001 WI App 127, 629 N.W.2d 810, PFR filed 5/7/01 Robinson: Joseph L. Sommers Issue: Whether the trial court impermissibly limited the defense presentation at sentencing. Holding: ¶19 What remains is for us to consider whether the trial court erroneously exercised its discretion by prohibiting Robinson from presenting his “car evidence” at… Read more
