As we wait on SCOW to decide the petition for review on State v. Scruggs, ASPD Peter Heyne offers some news and thoughts on DNA surcharges. On January 7, 2016, the court of appeals rejected a no-merit report in State v. Jeffrey J. Wickman noting that neither State v. Radaj nor State v. Scruggs “squarely addresses whether a mandatory DNA… Read more
D. Type of punishment
State v. Frank E. Pilarski, 2015AP425, District 2, 12/23/15 (not recommended for publication); case activity (including briefs) Pilarski sexually assaulted a child in his in-home day care; the court of appeals upholds a restitution award for the child’s mother’s reduced work hours necessitated by her unwillingness to use any other in-home day care after the… Read more
State v. Tiron Justin Grant, 2014AP2965-CR, District 1, 11/24/2015 (not recommended for publication); case activity (including briefs) The court serially takes up and rejects each of Grant’s challenges to his conviction, at trial, of possessing cocaine with intent to deliver, as well as the sentencing court’s denial of ERP/SAP and CIP eligibility. Various police officers testified… Read more
Question presented: Whether 42 U.S.C. § 16913(a) requires a sex offender who resides in a foreign country to update his registration in the jurisdiction where he formerly resided. Lower court opinion: United States v. Nichols, 775 F.3d 1225 (10th Cir. 2014) Docket Scotusblog page The resolution of this question will be of interest to federal criminal law… Read more
State v. Tabitha A. Scruggs, 2015 WI App 88, petition for review granted, 3/7/16, affirmed, 2017 WI 15; case activity (including briefs) Addressing a question left open by State v. Radaj, 2015 WI App 50, 363 Wis. 2d 633, 866 N.W.2d 758, the court of appeals holds that the constitutional prohibition against ex post facto laws… Read more
State v. Tommy Lee Branch, 2015 WI App 65; case activity (including briefs) The circuit court had no authority to order cash seized from Branch on his arrest to be used to pay court obligations because there was no basis for concluding the money was not subject to return under § 968.20. As the court of appeals… Read more
State v. Gregory Mark Radaj, 2015 WI App 50; case activity (including briefs) A defendant who committed a felony before the effective date of the law mandating a $250 DNA surcharge for each felony conviction, but who is sentenced after that effective date, cannot be made to pay the surcharge on each felony conviction because that violates… Read more
State v. Garett T. Elward, 2015 WI App 51; case activity (including briefs) Defendants who committed a misdemeanor offense before April 1, 2015 January 1, 2014, cannot be made to pay the mandatory $200 DNA surcharge that is supposed to be imposed for each misdemeanor conviction beginning January 1, 2014, because imposition of the surcharge on that class of… Read more
