State v. Paul J. Williquette, 2013AP2127-CR, District 4, 4/17/14; (1-judge opinion, ineligible for publication); case activity What happens when a restitution award is twice the victim’s actual repair costs? In this case, not much. Williquette was ordered to pay restitution based upon State-submitted repair estimates. Later, he moved for sentence modification claiming the actual (and lesser)… Read more
H. Modification/Review
State v. Dennis R. Armstrong, 2014 WI App 59; case activity The fact that Armstrong was entitled to eight months rather than approximately two years of sentence credit is a “new factor” because the information was unknowingly overlooked at sentencing and the amount of sentence credit was highly relevant to the circuit court’s imposition of the sentence… Read more
Issues Presented: 1. Has the court of appeals effectively overturned this court’s precedent recognizing undue harshness as a ground for sentence modification? 2. Is the time ripe for this court to put teeth in the McCleary-Gallion mandate that the appellate courts ensure that sentences – particularly sentences in the highest range – are rational and explainable? Court… Read more
State v. Venceremos Crump, 2013AP2163-CR, District 1, 3/18/14; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court articulated its reasons for the sentence imposed on Crump as required by State v. Gallion, 2004 WI 42, ¶17, 270 Wis. 2d 535, 678 N.W.2d 197, in light of the court’s comments in its… 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State v. Danny Robert Alexander, 2013AP843-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication), petition for review granted 6/12/14, reversed, 2015 WI 6; case activity Alexander was on probation when he was charged with forgery.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State v. Quincy Lashawn Baker, 2013AP242-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity Baker was given a resentencing hearing based on inaccurate information about the maximum periods of confinement and supervision for the crime of conviction (felony murder). (¶¶4-5). At the resentencing hearing before a different judge, the state… Read more
State v. Jeffery Polar, Jr., 2014 WI App 15; case activity The court of appeals holds that the plain language of § 973.195(1r)(a) requires a defendant serving multiple sentences to file a separate sentence adjustment petition for each individual sentence the defendant is seeking to adjust. Polar’s governing sentences consisted of two consecutive terms, one… Read more
The Sentencing Law and Policy blog (an affiliate of the law professor blogs network) tees up the issue nicely. Their post is pasted in below. When and how will SCOTUS take up Miller retroactivity issues? The question in the title of this post is promoted by this local piece reporting on reactions to the Pennsylvania… Read more
