State v. Dallas R. Christel, 2020AP1127-1128-Cr, 12/8/21, District 2 (not recommended for publication); case activity (including briefs) Christel argued that §940.235, which criminalizes strangulation and suffocation, (1) violates substantive due process on its face and as applied to him, (2) is overbroad, and (3) is void for vagueness. He also argued for a new-factor-based sentence… Read more
6. New factor
State v. Thomas M. Parkman, 2021AP27, 9/16/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) In February 2020, a few weeks before the COVID-19 pandemic really got going in Wisconsin, the circuit court sentenced Parkman to six months in jail for three misdemeanors stemming from an incident in which he attacked his… Read more
State v. James A. Carroll, Jr., 2021AP375, 8/26/21, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Carroll was charged with second-degree sexual assault; he ultimately took a deal and pleaded to fourth-degree. The circuit court required him to register as a sex offender for 15 years after the end of his supervision… Read more
State v. Gerald D. Taylor, 2019AP1244-CR, District 1, 12/15/20, (not recommended for publication); case activity (including briefs) In 1999, a court imposed two, consecutive, 30-year indeterminate sentences on Taylor for child sexual assault. Accounting for the parole system in place, the court told Taylor he would be eligible for parole after serving one-quarter (15 years)… Read more
State v. Peter J. King, 2020 WI App 66; case activity (including briefs) Packingham v. North Carolina, 137 S Ct. 1730 (2017) struck down a law making it a felony for a registered sex offender to use any social networking site that permits minors to become members or to create personal web page. The statute… Read more
State v. Dustin M. Yanda, 2018AP412-CR, District 3, 6/18/19 (not recommended for publication); case activity (including briefs) In State v. Harbor, 2011 WI 28, 333 Wis. 2d 53, 797 N.W.2d 828, the supreme court held that a defendant seeking a “new factor” sentence modification doesn’t need to prove that the new factor “frustrates the purpose”… Read more
State v. Shawn A. Hodgkins, 2017AP1799-CR, District 2, 12/12/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) Hodgkins objected to DOC collecting costs from him while he was in prison because the circuit court ordered the costs to be collected while he was on a term of consecutive probation. He also sought a… Read more
State v. Darrick L. Bennett, 2016AP2209-CR, 9/18/18, District 1 (not recommended for publication); case activity (including briefs) Bennett was charged with 1st degree intentional homicide, but pled guilty to 1st degree reckless homicide. In a decision turning on facts specific to this case, the court of appeals affirmed the trial court’s decision denying (a) plea… Read more
