State v. Jordan Alexander Lickes, review of a published court of appeals decision granted 11/18/20; case activity (including briefs) Issues presented (from the PfR): Does the expungement statute’s requirement that a probationer have “satisfied the conditions of probation” also mean that the probationer must perfectly comply at all times with each and every rule of probation set… Read more
36. Sentencing
State v. Jack B. Gramza, 2020 WI App 81; case activity (including briefs) If an inmate serving the initial confinement (IC) portion of a bifurcated sentence completes the Substance Abuse Program (SAP), § 302.05(3)(c)2. mandates that the sentencing court “shall” modify the inmate’s sentence by converting the remaining period of IC to extended supervision (ES)… Read more
State v. Jack Ray Zimmerman, Jr., 2020AP475, District 2, 11/4/20 (one-judge decision; ineligible for publication); case activity (including briefs) ….not “lifetime since January 1, 1989.” This is an appeal from an order revoking Zimmerman’s operating privileges for refusing a blood test after being arrested for OWI, third offense. Zimmerman argues his decision to refuse wasn’t… Read more
State v. Peter J. King, 2020 WI App 66; case activity (including briefs) Packingham v. North Carolina, 137 S Ct. 1730 (2017) struck down a law making it a felony for a registered sex offender to use any social networking site that permits minors to become members or to create personal web page. The statute… Read more
State v. Tory J. Agnew, 2019AP1785-CR, District 4, 7/30/20 (not recommended for publication); case activity (including briefs) The court of appeals affirms the structure of a bifurcated sentence for an unclassified felony to which a sentence enhancer applied, even though the sentence imposed runs afoul of the statutes and prior case law. As Truth-in-Sentencing begins… Read more
State v. William Francis Kuehn, 2018AP2355, 7/28/20, District 1 (not recommended for publication); case activity (including briefs) Kuehn pleaded to 5 counts of possession of child pornography; 10 more were dismissed and read-in. The court of appeals rejects Kuehn’s three challenges to his conviction and sentence. It holds trial counsel wasn’t deficient in deciding a… Read more
State v. Bobby L. McNeil, 2019AP467-CR & 2019468-CR, District 1, 7/21/10 (not recommended for publication); case activity (including briefs) McNeil was convicted of drug offenses, obstructing, and bail jumping after a trial in two consolidated cases. His challenges to the joinder of the cases and to various evidentiary issues are rejected, but he prevails on… Read more
State v. Ryan M. Muth, 2020 WI 65, reversing a per curiam court of appeals decision; case activity (including briefs) Muth drove while intoxicated and caused the death of T.K. About a month later T.K.’s adult children reached a settlement with Muth’s insurer under which the children received the maximum payout under Muth’s policy as… Read more
