State v. Michael T. Ziller, 2011 WI App 164 (recommended for publication); for Ziller: Michael S. Holzman; case activity ¶11 On the basis of our review of the record in this case, we are satisfied that the circuit court properly exercised its discretion in sentencing Ziller. The circuit court considered the three primary sentencing factors and noted… Read more
D. Type of punishment
State v. Scott R. Long, 2011 WI App 146 (recommended for publication); for Long: Jeff T. Wilson; case activity DNA surcharge, conditioned on Long not having previously provided sample or having paid surcharge, upheld as proper exercise of discretion: ¶8 Here, the circuit court ordered the DNA sample contingent on whether one had previously been provided. If… Read more
State v. Malcolm L., 2011AP714, District 2, 10/12/11 court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise… Read more
State v. Timothy J. K., 2011AP1091, District 2, 10/5/11 court of appeals decision (1-judge, not for publication); for Timothy J.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity The trial court’s requirement of sex offender registration, § 301.45(1m)(d)(1), is upheld against an argument that the court misconstrued an expert’s recommendation of no registration. ¶9 Timothy fails… Read more
State v. Thomas J. Haiduk, 2011AP551-CR, District 3, 8/30/11 court of appeals decision (1-judge, not for publication); for Haiduk: Gary S. Cirilli; case activity In determining restitution for home improvement-related theft, the trial court failed to resolve whether the underlying contract was fixed-price or time-and-materials, therefore remand is necessary. ¶22 The court’s value-based $100,517.96 offset, and corresponding… Read more
State v. Joseph Gayden, 2010AP2360-CR,District 1, 8/30/11 court of appeals decision (not recommended for publication); for Gayden: Matthew S. Pinix; case activity The difference between Wis JI-Criminal 800 and 805 is that the latter limits the defendant’s intentional use of force intended or likely to cause death or great bodily harm to reasonable belief that the force is necessary to… Read more
State v. Michael S. Hoseman, 2011 WI App 88 (recommended for publication); for Hoseman: Timothy M. Johnson; case activity Hoseman is liable in restitution for damages to a rented house caused by his marijuana manufacturing operation. Restitution requires that there be a “direct victim” of the crime and a causal connection between the defendant’s conduct and… Read more
Village of Menomonee Falls v. Jason R. Ferguson, 2011 WI App 73 (recommended for publication); for Ferguson: Daniel P. Fay; case activity Ferguson’s guilt for violating local sex offender residence-restriction ordinance upheld, as against argument that he fell within grandfather clause exception. The ordinance bars registered sex offenders from living within 1500 feet of any facility… Read more
