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36. Sentencing

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

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State v. Alfonzo C. Loayza, 2018AP2066-CR, petition for review of a per curiam opinion granted 6/16/20; case activity Issue (from the State’s petition for review): It is well established that a DOT record is competent proof of a defendant’s prior conviction and can therefore be used to enhance the defendant’s sentence. It is also  well… Read more

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State v. Troy R. Lasecki, 2020 WI App 36; case activity (including briefs) Wonders never cease. The State charged Lasecki with 2 counts of failure to return security deposits to tenants in violation of Wis. Admin Code. §ATCP 134.06(2) and §§100.20(2) and 100.26(3)(2013-3104). Lasecki proceeded pro se at trial, and a jury convicted  on both… Read more

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State v. Paris Markese Chambers, 2019AP17-18-CR, 5/12/20, District 1 (not recommended for publication); case activity (including briefs) The State charged 17 year old Chambers with 8 crimes involving car theft, damage to property, and bail jumping across two cases. His maximum sentence exposure was 29.5 years and a $75,000 fine. The trial court imposed a… Read more

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State v. Ronald Eugene Provost, 2020 WI App 21; case activity (including briefs) It’s unclear why this opinion is recommended for publication. Best guess is that is provides a (rather thin) gloss on the “systemic breakdown” exception to the rule that delays attributable to defense counsel don’t weigh in favor of a speedy trial violation… Read more

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State v. Wyatt William Kontny, 2020 WI App 30; case activity (including briefs) You’d think all the sentence credit issues would’ve been settled by now, but it’s not so! This case settles two of them. The first issue: Does a stipulation to sentence credit at the time of sentencing preclude the defendant from later seeking… Read more

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State v. Richard H. Harrison, Jr., 2020 WI 35, 4/17/20, reversing an unpublished decision of the court of appeals; case activity (including briefs) Addressing an unusual issue that is now also effectively moot due to developments in the case since the cross petitions for review were granted, a majority of the supreme court holds that… Read more

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Jones v. Mississippi, USSC No.  18-1259, certiorari granted 3/9/20. Question presented: Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole. On February 26th, SCOTUS dismissed Randall Mathena, Warden v. Lee Boyd Malvo, USSC No. 18-217, which raised the… Read more

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