State v. Rachel M. Helmbrecht, 2017 WI App 5; case activity (including briefs) A circuit court’s decision on whether to order expungement under § 973.015 involves the exercise of discretion, and therefore the general rules governing the proper exercise of discretion apply to the expungement decision. ¶11 The statute at issue here clearly contemplates the… Read more
36. Sentencing
State v. David H. Ninnemann, 2016AP1294-CR, 12/14/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs) David Ninnemann appeals from sentencing after revocation of his probation. He challenges the length of his jail sentences and the court’s order that he register as a sex offender, but the court of appeals upholds both of… Read more
State v. Travis J. Manteuffel, 2016AP96-CR, 12/6/16, District 3 (1-judge decision; ineligible for publication); case activity (including briefs) State v. Elward, 2015 WI App 51, 363 Wis. 2d 628, 866 N.W.2d 756, held it an ex post facto violation to require misdemeanants to pay the $200 DNA surcharge where the law imposing it went into effect… Read more
State v. Michael Lee Brayson, 2016AP896-CR, District 1, 11/29/16 (one-judge decision; ineligible for publication); case activity (including briefs) Brayson’s girlfriend, L.A.R., is a long-haul trucker. When she goes out on the road he accompanies her and stays with her in the truck, though both maintained separate addresses in Mississippi. (¶¶3-6). Under these facts, Brayson’s convictions for… Read more
State v. Tydis Trinard Odom, 2015AP2525-CR; District 2, 11/9/16; certification refused 1/9/17; case activity (including briefs) Issue: Does the imposition of multiple DNA surcharges constitute “potential punishment” under WIS. STAT. § 971.08(1)(a) such that a court’s failure to advise a defendant about them before taking his or her plea establishes a prima facie showing that… Read more
Professors O’Hear and Wheelock surveyed over 800 registered voters in Wisconsin about their attitudes toward punishment, rehabilitation and reform. See how public attitudes toward sentencing vary by race, gender and political party affiliation here… Read more
Here’s an interesting new study on the consequences of courts imposing prison sentences that are much longer than a person’s natural lifespan… Read more
Question presented (as formulated by Scotusblog): Whether, under the court’s First Amendment precedents, a law that makes it a felony for any person on the state’s registry of former sex offenders to “access” a wide array of websites – including Facebook, YouTube, and nytimes.com – that enable communication, expression, and the exchange of information among… Read more
