State v. Andre L. Jones, 2023AP1535-CR, 2023AP1536-CR, 2023AP1537-CR and 2023AP1538-CR, 5/16/24, District IV(not recommended for publication); case activity In a rare appeal of an order denying a motion for return of property, COA rejects a novel statutory construction argument by adhering to what it views as binding precedent. Return of Property Jones sought return of… Read more
9. Fines
State v. Aman Deep Singh, 2022AP1202-04, District I, 7/5/23, 1-judge decision ineligible for publication; case activity (including briefs) In a somewhat messy pro se appeal, the court of appeals agrees that the circuit court improperly required Singh to reimburse attorney’s fees but rejects his remaining claims. Singh managed to pick up three OWI cases within the… Read more
State v. Charles L. Neill, IV, petition for review granted 6/11/19; 2018AP75; case activity (including briefs) This is a review of a published court of appeals decision. Here’s the issue, as stated in our prior post: Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers… Read more
State v. Charles L. Neill, IV, 2019 WI App 4; petition for review granted 6/11/19, reversed, 2020 WI 15; case activity (including briefs) Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers: the one for having a BAC over .25 (Wis. Stat. §… Read more
State v. Eric W. Poirier, 2017AP931-CR, District 3, 5/8/18 (one-judge decision; ineligible for publication); case activity (including briefs) Back in 2003, Poirier was fined $1,184 for an OWI conviction. He didn’t pay, so a judgment was entered against him. In 2017 the circuit court entered an order assigning income from his prison account to pay… Read more
State v. Robert P. Vesper, 2018 WI App 31; case activity (including briefs) Vesper complains that when he was sentenced for his 7th OWI offense the judge didn’t give a separate explanation for why it was imposing a fine in addition to prison time. Over a dissent, the court of appeals concludes the judge said enough to… Read more
Who would’ve thunk? This is the subject of a hot new paper on the Social Science Research Network. You can read it here… Read more
State v. Michel L. Wortman, 2017 WI App 61; case activity (including briefs) A glitch in the OWI penalty statute appears to suggest that OWI 7th and greater offenses don’t allow for a fine, but only for the imposition of the forfeiture provided for first-offense OWI. The court of appeals concludes otherwise. The court also rejects Wortman’s… Read more
