State v. Zachary S. Friedlander, 2019 WI 22, 3/12/19, reversing an unpublished court of appeals decision; case activity (including briefs) State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, laid down a bright-line rule for determining whether a person was in “custody” for purposes of earning sentence credit. The supreme court… Read more
36. Sentencing
State v. Marshawn Terell Johnson, 2017AP2445-CR, District 3, 3/19/19 (not recommended for publication); case activity (including briefs) In sentencing Johnson for possession of heroin with intent to delivery, the circuit court remarked that he’d traveled to Superior from Chicago to commit his crime. The sentencing court’s consideration of that fact did not violate the Privileges… Read more
State v. Angela L. Staten, 2018AP1506-CR, District 1, 3/19/19 (not recommended for publication); case activity (including briefs) Staten and her two co-defendants engaged in a course of tax fraud that netted them over $200,000 in tax refunds that didn’t belong to them. Staten, the first of the three sentenced, argues that her sentence was unduly… Read more
Timbs v. Indiana, USSC No. 17-1091, February 20, 2019, reversing State v. Timbs, 84 N.E.3d 1179 (Ind. 2017); Scotusblog page (including links to briefs and commentary) “The question presented: Is the Eighth Amendment’s Excessive Fines Clause an ‘incorporated’ protection applicable to the States under the Fourteenth Amendment’s Due Process Clause?” The answer: Yes. Like the Eighth… Read more
State v. Ashlee A. Martinson, 2017AP1889-CR, District 3, 2/20/19 (not recommended for publication); case activity (including briefs) Martinson was charged with two counts of first-degree intentional homicide for killing her mother and stepfather. She pled to second-degree intentional homicide based on her claim of adequate provocation, which is premised on a complete lack of self-control… Read more
State v. Pierre Deshawn Johnson, 2018AP595-CR, 2/12/19, District 1 (not recommended for publication); case activity (including briefs) Johnson pled to operating a vehicle with a suspended license and injury by operating under the influence of a controlled substance. His lead issue–whether the victim’s failure to wear a seatbelt was a significant intervening factor that diminished… Read more
State v. Shawn T. Wiskerchen, 2019 WI 1, 1/4/19, affirming an unpublished court of appeals decision, 2016AP1541; case activity (including briefs) This could have turned out worse. The court of appeals, as we noted in our post on that court’s decision, held that Wiskerchen, convicted of a single burglary of a home, could be made to… Read more
State v. Justin A. Braunschweig, 2018 WI 113, 12/21/18, affirming an unpublished court of appeals decision; case activity (including briefs) Braunschweig was convicted in 2011 of causing injury by intoxicated operation of a vehicle. The conviction was expunged under § 973.015. In 2016 he was charged with operating while intoxicated and with a prohibited alcohol… Read more
