5. Inaccurate information

State v. Toronee L. Kimbrough, 2010AP2676-CR, District 1, 10/25/11 court of appeals decision (not recommended for publication); for Kimbrough: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity The court rejects Kimbrough’s challenge to sentence, as based on 3 instances of alleged inaccuracies: the sentencing court’s reliance on the co-defendant’s statements as suggestive of Kimbrough’s own failure to… 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State v. Guadalupe Jose Rivas, 2010AP2777-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Rivas: George Tauscheck; case activity ¶5        Rivas argues that four instances of inaccurate information mentioned by the trial court at his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State v. Thomas J. Hoffman, 2010AP1327-CR, District 2, 3/30/11 court of appeals decision (1-judge, not for publication); for Hoffman: Kathleen A. Lindgren; case activity Hoffman’s challenge to the length of his sentence became moot once he had fully served it. ¶6     At the outset, the State contends that Hoffman’s appeal is moot; he has served… Read more

7th circuit decision, habeas review of summary order of Wisconsin court of appeals, No. 2004AP2242-CR Habeas – Procedural Bar, Sentencing Objection Pomotor’s failure to object to information (the number of beers he allegedly consumed) in his alternative presentence report, worked a procedural default to his susbequent challenge to the sentencing court’s reliance on that information Promotor accurately argues that… Read more

State v. Jason C. Walker, 2010AP83-CR, District 3, 12/14/10 court of appeals decision; (3-judge, not recommended for publication); for Walker: William E. Schmaal, SPD, Madison Appellate; BiC; Resp.; Reply; prior opinion withdrawn 12/2/10, prior summary, here On sentencing after revocation, the trial judge relied on sexual assault allegations appearing in the revocation summary; Walker didn’t admit the allegations, but instead… Read more

State v. Jason C. Walker, 2010AP83-CR, District 3, 11/2/10 court of appeals decision (recommended for publication); for Walker: William E. Schmaal, SPD, Madison Appellate; BiC; Resp.; Reply ¶1       Jason Walker was sentenced after revocation of his probation.  The sentencing court considered probation violations that Walker denied committing.  Because of his denial, Walker argues the court could… Read more

State v. Michael J. Grabowski, No. 2009AP2118-CR, District I, 7/7/10 court of appeals decision (3-judge; not recommended for publication); for Grabowski: Jamie F. Wiemer; BiC; Resp.; Reply Sentencing – Accurate Information ¶5        Grabowski argues that the circuit court sentenced him based on inaccurate information. A defendant claiming that a sentencing court relied on inaccurate information must… Read more