State v. Ray Shawn Cherry, 2008 WI App 80 For Cherry: John T. Wasielewski Issue: Whether the sentencing court properly exercised discretion in imposing a DNA surcharge, where it misconstrued such action as mandatory rather than permissive and ignored the defendant’s prior such assessment. Holding: ¶9 We hold that in assessing whether to impose the DNA… Read more
D. Type of punishment
State v. Antonio M. Hall, 2007 WI App 168 For Hall: Michael D. Kaiser Issue/Holding: ¶17 From our examination of these statutory provisions, we find no ambiguity in the relevant language and conclude that the provisions of Wis. Stat. §§ 973.01(3g), 973.01(3m) and 302.113(9)(am) express a clear intent to restrict the sentencing discretion of the reconfinement… Read more
State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: The sentencing court satisfied Gallion’s required linkage: ¶11 … Here, the court explained that it did not consider Thexton’s conduct so serious that it required Thexton to be incarcerated for the length of time that might be appropriate for other… Read more
State v. Ahern Ramel, 2007 WI App 271 For Ramel: Wm. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶14 A fine that an offender has the ability to pay may satisfy sentencing objectives the trial court has found to be material and relevant to the particular defendant. See id. Here, however, with no explanation from the sentencing court of how… Read more
State v. Kathy J. Johnson, 2007 WI App 41 For Johnson: Jeremy Perri, SPD, Milwaukee Appellate Issue: Whether DOC policy, for inmates under sentence commencing prior to July 26, 2003, to take no position on an ERP petition constitutes approval of the petition under Wis. Stat. § 302.05(3)(e). Holding: ¶8 Wisconsin Stat. § 302.05(3)(e) governs inmate petitions… Read more
State v. John W. Campbell, 2006 WI 99, on certification For Campbell: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶72 Wisconsin Stat. § 973.06 permits the court to impose a lengthy list of costs upon an unsuccessful defendant. At sentencing, the court may require a probationer to reimburse the county or the state, as applicable, “for any… Read more
State v. Earl W. Haase, 2006 WI App 86, (State’s) PFR filed 5/17/06 For Haase: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether restitution may be ordered for damage caused to a squad car destroyed by fire during pursuit of the defendant. Holding: A governmental “agency must be a direct victim of the criminal conduct to be reimbursed for a… Read more
Herr v. Bradley D. DeBraska, 2006 WI App 29 Issue/Holding1: Where the defendant and victim had fully settled a civil claim for defendant’s liability arising out of the crime, but the defendant’s wages were subsequently garnished by the State to satisfy the restitution order in the criminal case, the trial court properly exercised discretion to reopen… Read more
