State v. Leonard T. Collins, 2002 WI App 177 For Collins: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: ¶2. We agree with Collins that Wis. Stat. § 939.62(2m)(d) requires circuit courts to determine independently whether an out-of-state crime is comparable to a Wisconsin “serious felony,” even if the defendant admits that he or she is a persistent repeater. However… Read more
Persistent offender
State v. Charles J. Burroughs, 2002 WI App 18 For Burroughs: William F. Mross Issue/Holding: Burroughs’ prior conviction in Alabama for assault with intent to murder is sufficiently comparable to attempted first degree intentional homicide so as to support exposure to persistent offender sentencing, § 939.62(2m)(c). ¶¶23-27. … Read more
Enhancer — § 939.62(2m)(d), Persistent Offender — Life Without Parole — Cruel and Unusual Punishment
State v. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, on certification; clarified on reconsideration, on a different point, 2001 WI 6 For Hahn: Steven G. Bauer Issue: “(W)hether the persistent repeater penalty enhancer as applied to the defendant violates the Eighth Amendment to the U.S. Constitution prohibiting cruel and unusual… Read more
State v. Damone J. Block, 222 Wis. 2d 586, 587 N.W.2d 914 (Ct. App. 1998) For Block: James M. Weber Issue/Holding: The persistent repeater scheme survives equal protection challenge. Block concedes that the persistent repeater statute deserves only the rational basis test. He argues that there are no reasonable or practical grounds for the manner in which… Read more
