State v. Jordan John Samsa, 2015 WI App 6; case activity The circuit court did not erroneously exercise its discretion in using the criminogenic needs section of the COMPAS assessment report, which identifies areas in which the offender needs correctional or community intervention, as an indicator of Samsa’s danger to the community. Samsa pleaded guilty to sexual… Read more
4. Improper factors
State v. Leopoldo R. Salas Gayton, 2013AP646-CR, District 1, 10/7/14 (not recommended for publication), petition for review granted 11/4/15, affirmed, 2016 WI 58; case activity The sentencing court didn’t erroneously exercise its discretion by relying in part on Gayton’s immigration status or by failing to explain its reasons for imposing the maximum term of initial… Read more
State v. Bryanntton A. Brown, 2013AP1332-CR, District 1, 6/24/14 (not recommended for publication); case activity Trial counsel was not ineffective for failing to present certain evidence that the complainant in Brown’s child sexual assault prosecution may have obtained her sexual knowledge from watching TV and movies and talking to her older sister. Nor was trial counsel ineffective for not… Read more
On review of an unpublished court of appeals decision; case activity Issue (composed by On Point) Did the inclusion in the PSI of statements Alexander made to his probation agent, and the trial court’s consideration of the statements at sentencing, violate Alexander’s right against self-incrimination? As explained in our post on the court of appeals decision, Alexander was… Read more
State v. Danny Robert Alexander, 2013AP843-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication), petition for review granted 6/12/14, reversed, 2015 WI 6; case activity Alexander was on probation when he was charged with forgery. He pled to the forgery and a PSI was prepared. (¶2). Attached to the PSI were statements the defendant… Read more
State v. Robert J. Betters, 2013 WI App 85; case activity When sentencing of Betters for child sexual assault, the judge stated that “every child is a gift from God,” and indicated Betters’s conduct toward the victims was “an abomination in the sight of God and in the sight of man, and … totally unacceptable.”… Read more
State v. Jack Minniecheske, 2012AP1133, District 3, 1/23/13; court of appeals decision (1-judge, not eligible for publication); case activity Because Wis. Stat. § 950.04(1v)(m) gives victims the right to provide statements at sentencing, the circuit court properly considered a victim impact statement despite defendant’s objection to it as “frivolous” and his claim the victim stole… Read more
State v. Michael L. Frey, 2012 WI 99, affirming unpublished decision; case activity Sentencing Discretion – Reliance on Dismissed Charge The sentencing court may consider charges “dismissed” or “dismissed outright” (as opposed to read-ins) ¶47 To discharge its obligation to discern a defendant’s character, “[a] sentencing court may consider uncharged and unproven offenses,” State v. Leitner, 2002 WI 77, ¶45, 253… Read more
