State v. David G. Straszkowski, 2008 WI 65, affirming summary order For Straszkowski Philip J. Brehm Issue/Holding: The sentencing court may consider uncharged and unproven offenses, ¶36; id n. 20: State v. Leitner, 2002 WI 77, ¶45, 253 Wis. 2d 449, 646 N.W.2d 341. See also State v. McQuay , 154 Wis. 2d 116, 126, 452 N.W.2d 377 (1990) (“Evidence of unproven offenses involving the defendant… Read more
C. Factors
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue: Whether threats made to the victims, while the prosecution was pending, to try to dissuade them from testifying were relevant to sentence despite absence of evidence linking threats to the defendant himself. Holding: ¶41 The court process… Read more
State v. Stephen C. Sherman, 2008 WI App 57, PFR filed 4/16/08 For Sherman: John J. Grau Issue/Holding: The sentencing court’s observations to the effect that the defendant was “a sick man” didn’t amount to “unsupported findings about his mental health: ¶14 At Sherman’s postconviction hearing, the court indicated that its comments did not reflect medical diagnoses… Read more
State v. Stephen C. Sherman, 2008 WI App 57, PFR filed 4/16/08 For Sherman: John J. Grau Issue/Holding: ¶15 Sherman claims the only evidence about his mental health came from his expert, Dr. Gerald Wellens. Sherman claims the court failed to consider his expert’s opinion. However, at sentencing, the court expressly considered Wellens’ opinion. The court noted… Read more
State v. Stephen C. Sherman, 2008 WI App 57, PFR filed 4/16/08 For Sherman: John J. Grau Issue/Holding: Sentencing failure to consider applicable guidelines, § 973.017(2)(a), was harmless error, at least where the controlling sentence was untainted by the error: ¶9 We conclude that the circuit court’s failure to consider the sentencing guidelines for the two Wis. Stat… Read more
State v. Vincent T. Grady, 2007 WI 81, reconsideration denied, 2007 WI 125, affirming 2006 WI App 188 For Grady: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: ¶16 We first address whether Wis. Stat. § 973.017(10) precludes appellate review of a circuit court’s consideration of an applicable sentencing guideline pursuant to Wis. Stat. § 973.017(2)(a). Wisconsin Stat. § 973.017(10)… Read more
State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: The rule of State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) (conflict of interest where PSI author married to defendant’s prosecutor) does not extend to situation where PSI author is married to another… Read more
State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: Thexton wasn’t entitled to Miranda warnings “at the time the PSI was being prepared”: ¶8 Thexton also claims that Streekstra violated his Fifth Amendment rights when he interviewed him during the investigation. Thexton claims that Streekstra used the prior PSI as… Read more
