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D. Type of punishment

State v. Christopher James Athas, 2012AP2151-CR, District 1, 6/11/13; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court properly considered previous sexual assault charges that had been dismissed when it was deciding whether to order Athas to register as a sex offender after his conviction for fourth degree sexual assault: ¶3… Read more

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State v. Devante J. Lumpkins, 2012AP1670-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity Lumpkins is liable for restitution for damage to a stolen van he and two co-defendants (“The Jack Boys”) used to commit two armed robberies, even though Lumpkins was not charged with or convicted of the theft… Read more

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State v. Antoine Leshawn Douglas, 2013 WI App 52; case activity Miranda violation — interrogation by police After a lawful arrest, but before being given Miranda warnings, Douglas initiated a conversation with the arresting officer in which he stated he wanted “to work” for the police by offering information about some marijuana dealers. After the… Read more

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State v. Manuel R. Williams, 2012AP357-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Terry stop – reasonable suspicion Police had reasonable suspicion to stop defendant where, based on suppression hearing testimony, circuit court found that: the officers were sent to a shooting in “a high risk area”; when police… Read more

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Question presented: 1. Whether the court of appeals erred in conducting its constitutional analysis on the premise that respondent was not under a federal registration obligation until SORNA was enacted, when pre-SORNA federal law obligated him to register as a sex offender. 2. Whether the court of appeals erred in holding that Congress lacks the Article I… Read more

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State v. Thomas G. Felski, 2012AP1115-CR, District 2, 1/3/13 Court of appeals decision (1 judge; ineligible for publication); case activity Felski was convicted of violating Wis. Admin. Code ATCP § 110.05 (criminalized by virtue of § 100.20(2)) for failing to have a written contract covering some remodeling projects. Evidence at trial focused on construction of… Read more

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Restitution — cost of new security system

State v. Jesse D. Fries, 2011AP517-CR, District 4, 12/27/12 Court of appeals decision (not recommended for publication); case activity   Cost of installing new, upgraded security system in a convenience store after robbery was a “special damage” and therefore a proper item of restitution: ¶8        Fries’ primary contention is that an expenditure does not qualify as… Read more

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Cesar Deleon v. Circuit Court for Brown County, 2012AP278, District 3, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Summary Contempt, §§ 785.01(1)(a), 785.04(2)(b) – “Unit” of Sanctionable Conduct  Separate, consecutive punishments meted out for each of 11 profane utterances and 1 act of spitting during brief exchange with judge upheld, against… Read more

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