State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte. Issue/Holding: The jail assessment in §§ 302.46(1) & 814.60(2)(ag) is contingent on imposition of a fine or forfeiture. Section 814.60(2)(ag), STATS., provides that “[i]n addition to any fine imposed, a defendant shall be required to pay any … [j]ail assessment… Read more
D. Type of punishment
State v. Daniel E. Rohe, 230 Wis.2d 294, 602 N.W.2d 125 (Ct. App. 1999) For Rohe: Charles B. Vetzner, SPD, Madison Appellate. Issue: Whether costs for a sexual assault examination were properly taxable, where the examination neither produced any results nor was used at trial. Holding: Because the examination was part of the state’s investigation… Read more
State v. Lisa A. Carter, 229 Wis. 2d 200, 598 N.W.2d 619 (Ct. App. 1999) For Carter: Paul G. LaZotte Issue/Holding: The $20 fee for the clerk of court under § 814.60(1) is allocated on a per-count, rather than per-case, basis. … Read more
State v. James D. Minniecheske, 223 Wis.2d 493, 590 N.W.2d 17 (Ct. App. 1998) For Minniechske: Jane K. Smith Issue: Whether the sentencing court possessed authority to order refund of money ($1500+) improperly seized from Minniecheske’s prison account to satisfy restitution. Holding: We conclude that the trial court correctly amended the judgment of conviction to remove the restitution… Read more
State v. Crystal L. Bizzle, 222 Wis. 2d 100, 585 N.W. 899 (Ct. App. 1998) For Bizzle: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: To define “crime prevention organization” to include law enforcement agencies would lead to absurd results. By ordering a defendant to make a contribution to a “crime prevention organization,” a court could… Read more
State v. Daron E. Maron, 214 Wis. 2d 384, 571 N.W.2d 454 (Ct. App. 1997) For Maron: Susan E. Alesia, SPD, Madison Appellate Issue/Holding1: … We conclude that § 973.15(2), Stats., does not give the trial court authority to order that the sentence be served consecutive to jail time already being served as a condition… Read more
William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue: Whether bail posted under a bond in a seprate criminal case may be forfeited in order to satisfy a restitution obligation. Holding: In regards to this jurisdictional question, Olson … argues that a trial court has… Read more
William Olson v. Kaprelian, 202 Wis. 2d 377, 550 N.W.2d 712 (Ct. App. 1996) For Olson: Terry W. Rose Issue/Holding: The statutory section governing restitution allows a defendant to reduce civil damages awarded to the crime victim by amounts paid pursuant to a restitution order. See § 973.20(8), Stats. We read this statute to likewise… Read more
