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2. Presentence Report

State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Our supreme court has acknowledged the importance of the PSI to the sentencing process. See State v. McQuay, 154 Wis.2d 116, 130-31, 452 N.W.2d 377, 383 (1990). The integrity of the sentencing… Read more

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State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Suchocki claims that his due process right to a fair sentencing hearing was violated. Accordingly, he must demonstrate both bias in the PSI writer and that the sentencing process was prejudiced… Read more

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State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: The use of a PSI is a matter within the court’s discretion. The court has discretion to order a PSI and to determine the extent to which it will rely upon… Read more

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State ex rel. Hill v. Zimmerman, 196 Wis. 2d 419, 538 N.W.2d 608 (Ct. App. 1995) Issue/Holding: Section 972.15(2), Stats., provides, “When a presentence investigation report has been received the judge shall disclose the contents of the report to the defendant’s attorney … prior to sentencing.” (Emphasis added.) Thus, before sentencing, a defendant has an absolute right… Read more

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