State v. Anthony D., 2006 WI App 218 For Anthony D.: Susan E. Alesia, SPD, Madison Appellate Dicta: ¶7 n. 2: We note that the language of the juvenile restitution statute differs from that of the criminal restitution statute, Wis. Stat. § 973.20. The criminal statute does not require the court to make a finding that the… Read more
D. Type of punishment
State v. Chad W. Ziegler, 2006 WI App 49, PFR filed 3/13/06 For Ziegler: Kenneth P. Casey, UW Law School Issue/Holding: ¶32 We conclude that the trial court’s sentencing remarks satisfy Hall as to the reasons for the consecutive sentences and Gallion as to the reasons for the length of the sentence. As noted, the trial court engaged in a… Read more
State v. Kevin J. Helsper, 2006 WI App 243 For Helsper: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶20 Fines and attorney fee obligations involve different State purposes, and therefore a different constitutional analysis. When analyzing the constitutionality of a fee recoupment statute, the court is to consider, among other things, the rationality of the… Read more
State v. Kevin J. Helsper, 2006 WI App 243 For Helsper: Glenn L. Cushing, SPD, Madison Appellate Issue/Holding: ¶7 Constitutional limits on a state’s recoupment of attorney fees are grounded in both due process and equal protection principles. Bearden v. Georgia, 461 U.S. 660, 665 (1983). Recoupment statutes must be tailored to “impose an obligation only upon… Read more
State v. Jonathan Owens, 2006 WI App 75, PFR filed 4/4/06 For Owens: Dianne M. Erickson Issue: Whether the sentencing court’s initial denial of ERP eligibility, seemingly on the improper basis of the defendant’s age, was a proper exercise of discretion where on motion for reconsideration the court “stated that it had intended to refer to Owens’s… Read more
State v. Gerald L. Lynch, Jr., 2006 WI App 231, PFR filed 11/6/06 For Lynch: David R. Karpe Issue: Whether statutory ineligibility for Earned Release, § 973.01(3g), for homicide by intoxicated use violates equal protection given eligibility for driving while intoxicated but not causing death or great bodily harm. Holding: ¶18 Applying this standard, we conclude there is… Read more
State v. Ryan E. Baker, 2005 WI App 45, PFR filed 3/17/05 For Baker: William E. Schmaal, SPD, Madison Appellate Issue/Holding: Sentence credit may not be used to satisfy court costs, where costs were imposed under provisions which do not grant authority to waive or otherwise avoid their imposition: ¶11 We turn now to whether credit for pre-sentence… Read more
State v. Scott Edward Ziegler, 2005 WI App 69 For Ziegler: Martha K. Askins, SPD, Madison Appellate Issue: Whether a trial court retains authority to order restitution 14 years after entering a “to be determined” restitution order in the original judgment of conviction. Holding: ¶11. As we have repeatedly explained, “Restitution is governed by Wis. Stat. § 973.20, which… Read more
