State v. Michael K. Fermanich, 2023 WI 48, 6/14/23, reversing a per curiam court of appeals decision; case activity (including briefs) The key takeaway here is that five justices reaffirm and apply State v. Floyd, 2000 WI 14, 232 Wis. 2d 767, 606 N.W.2d 155, and hold that Fermanich is entitled to 433 days sentence credit for… Read more
1. Custody and escape
State v. Tanya M. Liedke, 2020AP33-CR, Distirct 2, 12/29/21 (not recommended for publication); case activity (including briefs) The circuit court correctly concluded that Liedke wasn’t in custody for sentence credit purposes while she was on GPS monitoring in connection with the case on which she was sentenced. But she’s entitled to some credit for other… Read more
State v. Zachary S. Friedlander, 2019 WI 22, 3/12/19, reversing an unpublished court of appeals decision; case activity (including briefs) State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, laid down a bright-line rule for determining whether a person was in “custody” for purposes of earning sentence credit. The supreme court… Read more
State ex rel. Michael J. Thorson v. Schwarz, 2004 WI 96, reconsideration denied, 2004 WI 133, affirming unpublished decision of court of appeals For Thorson: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶16. The term “custody” is not defined in Wis. Stat. § 973.155. To fill this void, Wisconsin courts have relied upon the definition set forth in Wis… Read more
State v. Rick L. Edwards, 2003 WI App 221, PFR filed 10/24/03 For Edwards: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A probationer whose jail confinement has been stayed during a period of hospitalization is not in custody for § 946.42 purposes and can’t be charged with escape for leaving the hospital and failing to return to jail; nor… Read more
