State v. Richard Wade Shirley, 2012AP263-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Denial of fair trial – restraint of defendant during trial Defendant forfeited claim that he was deprived of a fair trial because at least one juror saw he was shackled in the court room: “Not only… Read more
6. New factor
State v. John Doe, 2012AP414-CR, District 1, 1/23/13; court of appeals decision (not recommended for publication); case activity The circuit court properly exercised its discretion in denying the defendant’s motion for sentence modification based on his assistance to law enforcement. The circuit court considered the factors established by State v. Doe, 2005 WI App 68… Read more
State v. Allen Dell Vaughn, 2012 WI App 129 (recommended for publication); case activity Waiver / Forfeiture of Right, Generally Waiver is the intentional relinquishment or abandonment of a known right or privilege; forfeiture is: (1) the failure to object to something without intending to relinquish that which an objection might have preserved and (2) doing something incompatible with… Read more
State v. Lavon J. Ash, Sr., 2012AP381-CR, District 2, 8/15/12 court of appeals decision (1-judge, ineligible for publication); case activity Ash was sentenced to concurrent terms of one-year initial confinement, one-year extended supervision on two misdemeanor counts, a sentence structure he successfully challenges. Incompatible statutory mandates lie at the heart of the problem. In the first… Read more
State v. Michael D. Carroll, 2012 WI App 83 (recommended for publication); case activity Repeal of ability to earn “positive adjustment time” wasn’t highly relevant to Carroll’s sentence, therefore didn’t constitute a new factor that could support sentence modification. ¶9 Because 2011 Wis. Act 38 did not become effective until more than a year after Carroll’s… Read more
State v. Anthony C. Boyden, 2012 WI App 38 (recommended for publication); for Boyden: Rex Anderegg; case activity Information provided by Boyden before his sentencing, which didn’t bear fruit until much later, supported a new factor-based request for sentence modification. State v. Doe, 2005 WI App 68, 280 Wis. 2d 731, 697 N.W.2d 101, followed. ¶14 Boyden’s… Read more
State v. Demian Hyden McDermott, 2012 WI App 14 (recommended for publication); for McDermott: Robert R. Henak, Amelia L. Bizzaro; case activity Sentencing Review – New Factor – Assistance to Law Enforcement McDermott, convicted in 1991 of first-degree intentional homicide, ptac with a parole eligibility date of 35 years, seeks new-factor-based modification of his PED on… Read more
State v. Altonio Laroy Chaney, 2011AP207-CR, District 1, 10/25/11 court of appeals decision (not recommended for publication); for Chaney: Angela Conrad Kachelski; case activity; prior appeal: 2008AP395-CR Chaney’s argument that an eyewitness had recanted his version of having seen Chaney sexually assault the victim didn’t satisfy the new factor test for sentence modification: the sentencing court… Read more
