State v. Sharod D. Weaver, 2015AP170-CR, District 3, 8/31/15 (one-judge decision; ineligible for publication); case activity (including briefs) Though the sentencing court made comments suggesting it mistakenly believed the OWI sentencing guidelines “don’t consider the four primary sentencing factors,” these comments don’t show the sentencing court actually believed that; rather, the court of appeals concludes, the… Read more
C. Factors
State v. John Eddie Farmer, Sr., 2014AP2623-CR, 6/30/15, District 1 (one-judge opinion, ineligible for publication); click here for docket and briefs Defense lawyers encounter this problem too often. The circuit court inadequately explains the reasons for the sentence it imposed and then shores up its rationale at the postconviction stage. This decision holds that a… Read more
State v. Jordan John Samsa, 2015 WI App 6; case activity The circuit court did not erroneously exercise its discretion in using the criminogenic needs section of the COMPAS assessment report, which identifies areas in which the offender needs correctional or community intervention, as an indicator of Samsa’s danger to the community. Samsa pleaded guilty to sexual… Read more
State v. Earnest Lee Nicholson, 2013AP722-CR, District 1, 10/29/13; court of appeals decision (1-judge; ineligible for publication); case activity Nicholson was arrested for felony battery of his girlfriend, Marnice Franklin, but the battery charge was dismissed after Franklin failed to appear to testify at trial; Nicholson was also charged with resisting an officer, and that… Read more
State v. Melton, 2013 WI 65, reversing published court of appeals decision; case activity; opinion by Justice Prosser; concurrence by Justice Ziegler and joined by Chief Justice Abrahamson and Justice Bradley Melton pled guilty to 2 felonies, and the court ordered a PSI for sentencing. Turns out the PSI contained errors (info re uncharged offenses)… Read more
State v. Robert J. Betters, 2013 WI App 85; case activity When sentencing of Betters for child sexual assault, the judge stated that “every child is a gift from God,” and indicated Betters’s conduct toward the victims was “an abomination in the sight of God and in the sight of man, and … totally unacceptable.”… Read more
Marvin Peugh v. United States, USSC No. 12-62, 6/10/13 United States Supreme Court decision, reversing United States v. Peugh, 675 F.3d 736 (7th Cir. 2012) Resolving a split between federal circuit courts, the Supreme Court holds that a sentencing court violates the Ex Post Facto Clause by using the U.S. Sentencing Guidelines in effect at the… Read more
In the Matter of State v. Michael Buchanan: State ex rel. Office of State Public Defender v. Wis. Court of Appeals, District IV, 2013 WI 31, on review of petition for supervisory writ; case activity In an important decision for all lawyers who handle criminal cases in the state appellate courts, the supreme court affirms… Read more
