Erlinger v. United States, USSC No. 23-370, June 21, 2024, vacating United States v. Erlinger, 77 F.4th 617 (7th Cir. 2023); Scotusblog page (with links to briefs and commentary) Whether offenses committed on three “occasions different from one another” for purposes of federal Armed Career Criminal Act must be found by a jury beyond a… Read more
Persistent offender
State v. Michael Scott Long, 2009 WI 36, affirming in part and reversing in part unpublished opinion For Long: Joseph L. Sommers Issue/Holding: The “3-strike” persistent repeater enhancement, § 939.62(2m)(d), requires that the two prior strikes occur before the current felony and the 1st strike’s conviction date precede the 2nd strike’s violation date. Although Long’s two prior strikes occurred before… Read more
State v. Michael D. Lewis, 2004 WI App 211 For Lewis: Timothy A. Provis Issue/Holding: Sentence of life imprisonment without possibility of parole, as persistent repeater due to prior conviction for sexual assault of a child, on a current conviction for child enticement isn’t cruel / unusual punishment under the 8th amendment. ¶¶16-18. … Read more
State v. Richard W. Delaney, 2003 WI 9, affirming unpublished decision For Delaney: Joseph R. Cincotta Issue/Holding: ¶1 … Specifically, Delaney asks this court to determine whether Wis. Stat. § 939.62 (1999-2000) was properly applied to his already enhanced OWI offense under Wis. Stat. § 346.65(2)(c), based on the existence of a past non-OWI offense, so as to enhance… Read more
State v. Donald R. Wield, 2003 WI App 179, PFR filed 8/28/03 For Wield: Donald T. Lang, SPD, Madison Appellate Issue/Holding: The persistent repeater law, § 939.62(2m) is constitutional; State v. Radke, 2003 WI 7, 259 Wis. 2d 13, 657 N.W.2d 66, controls. ¶¶20-21… Read more
State v. Alan R. Radke, 2003 WI 7, affirming 2002 WI App 146 For Radke: William E. Schmaal, SPD, Madison Appellate Issue/Holding: ¶5. The precise question raised, therefore, is whether the “two strikes” law violates the Due Process Clause of either the United States or Wisconsin Constitution because it requires a greater penalty to be imposed on… Read more
State v. Donald R. Wield, 2003 WI App 179, PFR filed 8/28/03 For Wield: Donald T. Lang, SPD, Madison Appellate Issue/Holding: In determining whether a prior conviction under a since-repealed statute is a serious child sex offense comparable to § 948.02(1) so as to invoke the persistent repeater law, the “elements only” test of Blockburger v. United States, 284 U.S… Read more
State v. Paul R. Maxey, 2003 WI App 94 For Maxey: Douglas I. Henderson Issue/Holding: A sentence may be enhanced by both the general repeater provision of § 939.62(1)(b) (1999-2000) and § the specific repeat drug offender provision of § 961.48(2) (1999-2000), given the rationale of State v. Richard W. Delaney, 2003 WI 9: ¶14. In summary… Read more
