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A. Ch. 301: Corrections

State v. George E. Savage, 2019AP90-Cr, petition for review of an unpublished option granted, 5/19/20, case activity Issues (adapted from the State’s petition for review): 1.  Under Hill v. Lockhart, 474 U.S. 52 (1985), when a defendant claims that he received ineffective assistance of counsel in connection with a guilty plea, he must prove that… Read More

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State v. D.I.G., 2019AP855, 2/5/2020, District 2 (one-judge decision; ineligible for publication); case activity The juvenile here was found delinquent for sexual contact with his younger sister. He moved the court for a stay of registration under State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. The court declined to stay registration… Read More

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State v. George E. Savage, 2019AP90-CR, District 1, 1/22/20 (not recommended for publication), petition for review granted, 5/19/20; case activity (including briefs) Savage pleaded guilty to violating the sex offender registry statute for not providing updated information about where he was residing. He moved to withdraw his plea, asserting his trial lawyer was ineffective for… Read More

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State v. James L. Jackson, 2020 WI App 4; case activity (including briefs) Jackson pleaded to the crime of failing to give updated information to the sex offender registry. The information at issue was the fact that he’d created a Facebook account and email address. This ran afoul of Wis. Stat. § 301.45(2)(a)6m., which requires… Read More

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State v. David H. Ninnemann, 2016AP1294-CR, 12/14/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs) David Ninnemann appeals from sentencing after revocation of his probation. He challenges the length of his jail sentences and the court’s order that he register as a sex offender, but the court of appeals upholds both of… Read More

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State v. Eric L. Nigl, 2014AP1876-CR, District 4, 4/30/15 (not recommended for publication); case activity (including briefs) Nigl challenged his conviction for a sex offender registry violation by attacking the validity of the juvenile delinquency disposition that required him to register. The court of appeals holds Nigl forfeited his challenge because he could have sought a waiver or stay… Read More

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State v. William Dinkins, Sr., 2012 WI 24, affirming 2010 WI App 163; for Dinkins: Steven D. Phillips, SPD, Madison Appellate; case activity; note: the court affirms the mandate (reversal of conviction and dismissal of charge), but “upon a different rationale,” ¶63; the net effect is, “affirmed, as modified“ Although homelessness is not in and of itself a defense… Read More

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State v. Yancy D. Freland, 2011 WI App 80 (recommended for publication); for Freland: Michael D. Zell; case activity Conviction for an out-of-state sex offense comparable to a misdemeanor in Wisconsin will be treated as a misdemeanor for sex offender registration purposes, § 301.45(6). ¶12      Wisconsin Stat. § 301.45(1d)(am)1. specifically defines has been “[f]ound to have committed a… Read More

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