State v. Michael S. L., 2010AP2352, District 2, 1/19/11 court of appeals decision; for Michael S.L.: Leonard D. Kachinski; case activity Restitution order of 200 hours’ community service, on adjudication for disorderly conduct for “prank” bomb threat to school, and based on school’s estimate of economic loss due to evacuating students and staff for the bomb… Read more
D. Type of punishment
State v. Mark Allan Campbell, 2011 WI App 18; for Campbell: Steven D. Phillips, SPD, Madison Appellate; Campbell BiC;State Resp.; Reply (Issue of plea bargain breach discussed in separate post, here.) On sentencing Campbell for sexual assault of his daughter, the trial court had, and properly exercised, authority under § 973.049(2) to bar Campbell’s contact with his… Read more
State v. Raymond Allen Nickel, 2010 WI App 161 (recommended for publication); pro se; State Resp.; Robert R. Henak, WACDL, Amicus Brief Nickel’s challenge to his DNA surcharge was untimely, because made outside the direct appeal time limits: ¶5 When a defendant moves to vacate a DNA surcharge, the defendant seeks sentence modification. Pursuant to WIS. STAT. § 973.19, a… Read more
court of appeals decision (3-judge, not recommended for publication); for Johnson: Philip J. Brehm; BiC; Resp.; Reply Restitution – Psychiatric Care – Sexual Assault Johnson, 17, had sex with 14-year-old W.M.K., resulting in conviction for 3rd degree sexual assault. Restitution ($10k), awarded for W.M.K.’s 10-month residence at Thayer Learning Center, (described as “a boot camp, behavior modification… Read more
court of appeals decision (3-judge, not recommended for publication); for Watling: Margaret A. Maroney, Shelley M. Fite, SPD, Madison Appellate; BiC; Resp.; Reply Sentencing – Exercise of Discretion – Sex Offender Registration The sentencing court properly exercised discretion in requiring Watling to register as a sex offender on his conviction for 4th-degree sexual assault, ¶¶7-15… Read more
State v. Theresa E. Palubicki, No. 2010AP555-CR, District 3 court of appeals decision (1-judge, not for publication); for Palubicki: Michael D. Petersen; BiC; Resp.; Reply The burden of proving setoff rests with the defendant. Although Palubicki reached a settlement agreement with the hit-and-run victim, she did not meet her burden of proving that the agreement covered… Read more
court of appeals decision; pro se; Resp. Br. Sentence Modification – DNA Surcharge ¶2 Singleton was sentenced on July 24, 2002, and the circuit court ordered, as a condition of his bifurcated sentence, that Singleton provide a DNA sample and pay the applicable surcharge.[1] Singleton’s sole challenge is made via a motion to modify his… Read more
Dolan v. United States, USSC No. 09-367, 6/14/10 This case concerns the remedy for missing a statutory deadline. The statute in question focuses upon mandatory restitution for victims of crimes. It provides that “the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing.” 18… Read more
