State v. Steven F. Zastrow, 2015AP2182-CRAC, District 3, 6/27/17 (not recommended for publication); case activity (including briefs) Zastrow was serving a string of four consecutive prison sentences, the first imposed in June 2006 in Winnebago County, the other three imposed in October 2006 in Outagamie County. In 2008 the Winnebago sentence was vacated and Zastrow was resentenced to imposed… Read more
36. Sentencing
State v. Lazaro Ozuna, 2017 WI 64, 6/22/17, affirming an unpublished court of appeals opinion; case activity (including briefs) Lazaro Ozuna, a teenager, pled to two misdemeanors and got probation. The court also ordered that the convictions be expunged on successful completion of probation under Wis. Stat. § 973.015. Ozuna got through probation and was discharged… Read more
Packingham v. North Carolina, USSC No. 15-1194, 2017 WL 2621313 (June 19, 2017); reversing State v. Packingham, 777 S.E.2d 738 (N.C. 2015); Scotusblog page (including links to briefs and commentary) Lester Packingham was convicted for having sex with a 13 year old when he was 21, and was thus required to register as a sex offender… Read more
Virginia v. Dennis LeBlanc, USSC No. 16-1177, 2017 WL 2507375 (June 12, 2017), reversing LeBlanc v. Mathena, 841 F.3d 256 (4th Cir. 2016); Scotusblog page (including links to briefs and commentary) Although this is a per curiam decision and it’s decided under the rubric of federal habeas review, the upshot of this opinion is that states… Read more
State v. Jesse T. Riemer, 2017 WI App 48; case activity (including briefs) In what appears to be the first case of its kind, the court of appeals addresses the standard for reviewing the sentence imposed on a member of the Wisconsin National Guard after he was convicted of various offenses. Concluding it should apply the same… Read more
State v. Diamond J. Arberry, 2016AP866-CR, 6/16/17, granting a petition for review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point) 1. When a defendant is eligible for expungement under § 973.015 but expungement is not addressed the sentencing hearing, can the defendant raise the issue in a postconviction motion… Read more
State v. Ron Joseph Allen, 2016AP885, 6/13/17, District 1 (not recommended for publication); case activity (including briefs) A jury convicted Ron Allen of first-degree intentional homicide as party to the crime. He raises various challenges to the conviction and sentence of life without extended supervision, but the court of appeals rejects them all. Allen and four… Read more
Recall that SCOTUS recently ordered the Solicitor General to file an amicus brief on the question of whether Loomis’ petition for writ of certiorari should be granted or denied. Here is the SG’s amicus brief. It argues that “the use of actuarial risk assessments raises novel constitutional questions that may merit this Court’s attention in… Read more
