State v. Lisa L. Payne, 2010AP1995-CR, District 3, 12/20/11 court of appeals decision (not recommended for publication); for Payne: Eric R. Pangburn; case activity The court, in imposing a sentence to prison confinement term of 13 months, expressly took into effect the possibility that Payne’s medical needs would not “be addressed adequately in a county… Read more
4. Improper factors
on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity Sentencing Discretion – Reliance on Dismissed Charge Issue (composed by On Point): Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.” Frey was charged with sexually assaulting two girls. Both testified at the… Read more
State v. Guadalupe Jose Rivas, 2010AP2777-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Rivas: George Tauscheck; case activity ¶5 Rivas argues that four instances of inaccurate information mentioned by the trial court at his sentencing require resentencing: (1) the trial court believed that Rivas had five prior felonies when he had only… Read more
State v. David A. Reeves, 2010AP1590-CR, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Reeves: Anthony J. Jurek; case activity Maximum sentence for obstructing (9 months) upheld against argument it was a) harsh and excessive; b) based on improper factors. State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197… Read more
State v. Morris L. Harris, 2009AP2833-CR, District 1, 10/13/10 court of appeals decision (3-judge, not recommended for publication); for Harris: Gary Grass; BiC; Resp.; Reply Lesser-Included Instruction – Battery Harris not entitled to instruction on simple battery as lesser included of substantial battery; the medical evidence established without contradiction that the victim suffered a fractured rib, therefore no… Read more
State v. Sabian L. Yunck, 2009AP3020-CR, District 1, 8/17/10 court of appeals decision (1-judge, not for publication); for Yunck: Byron C. Lichstein; BiC; Resp.; Reply Sentence – Factors – Exercise of Constitutional Right Convicted of violating a domestic abuse order forbidding contact with the mother of his child, Yunck argues that sentence was impermissibly based… Read more
State v. Landray M. Harris, 2010 WI 79, reversing unpublished decision; for Harris: Michael K. Gould, SPD, Milwaukee Appellate; Resp. Br.; Reply; Amicus ¶3 We agree with the State and reject the reasonable observer test created by the court of appeals. Sentencing decisions are afforded a presumption of reasonability consistent with Wisconsin’s strong public policy… Read more
