State v. Torrey L. Smith-Iwer, 2013AP1426-CR, District 1, 12/27/13; court of appeals decision (1-judge; ineligible for publication); case activity Smith-Iwer was convicted of four misdemeanors as a repeat offender under § 939.62(1)(a) and given four consecutive two-year sentences, each consisting of one year of confinement and one year of extended supervision. He moved for postconviction relief… Read more
E. Enhancers
State v. Scott J. Stelzer, 2013AP1555-CR, District 2, 12/27/13 (1-judge decision; ineligible for publication), case activity After being convicted of his 3rd OWI offense, Stelzer moved to exclude his 2nd OWI (which occurred in 1996) from the calculation of his prior convictions on the grounds that he was not represented by counsel when he pled… Read more
State v. Glen G. Bowe, 2013AP238-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity The lack of any colloquy regarding Bowe’s waiver of his right to counsel when he pled in his prior OWI case does not by itself make the prima facie showing necessary for a collateral attack on… Read more
State v. Emmit L. Groce, Jr., 2013AP844-CR, District 1, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity Groce was convicted of criminal damage to property as a repeat offender under § 939.62(1)(a) and given a bifurcated sentence consisting of one year of confinement in prison and one year of extended supervision. (¶¶2-3). He… Read more
State v. Jaime M. Salomon, 2013AP577-CR, District 2, 8/21/13; court of appeals decision (1-judge; ineligible for publication); case activity Salomon collaterally attacked his second OWI conviction under State v. Ernst, 2005 WI 107, 283 Wis. 2d 300, 699 N.W.2d 92, arguing his waiver of counsel in the case was invalid because he was not aware… Read more
State v. Gabriel Griffin, 2012AP2631-CR, District 1, 7/30/13; court of appeals decision (1-judge; ineligible for publication); case activity Agreeing with State v. Gerondale, 2009AP1237-CR and 2009AP1238-CR (Wis. Ct. App Nov. 3, 2009) (unpublished), and State v. Ash, No. 2012AP381-CR (Wis. Ct. App. Aug. 15, 2012) (unpublished), that there is a conflict in § 973.01 which affects the structure of… Read more
State v. Shawn J. Robinson, 2012AP2498-CR, District 1, 7/23/13; court of appeals decision (1-judge; ineligible for publication); case activity Robinson was convicted of two misdemeanors which were enhanced under the repeater statute, § 939.62(1)(a). He was sentenced on each count to bifurcated sentences consisting of one year of confinement and one year of extended supervision. (¶¶2-4)… Read more
Matthew Robert Descamps v. United States, USSC No. 11-9540, 6/20/13 United States Supreme Court decision, reversing United States v. Descamps, No. 08-30013 (9th Cir. Jan. 10, 2012) (unpublished) The Armed Career Criminal Act (ACCA or Act), 18 U. S. C. §924(e), increases the sentences of certain federal defendants who have three prior convictions “for a… Read more
