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A. Ch. 301: Corrections

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State v. Eric L. Nigl, 2014AP1876-CR, District 4, 4/30/15 (not recommended for publication); case activity (including briefs) Nigl challenged his conviction for a sex offender registry violation by attacking the validity of the juvenile delinquency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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court of appeals decision (1-judge, not for publication); for Eric A.:  pro se; case activity Expungement – Delinquency Adjudication, § 938.355(4m)(a) Denial of petition for expungement of repeated sexual assault of child adjudication is affirmed. ¶8        Here, the court determined that the offense was too serious, and it would be against public policy, to permit… Read More

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State v. William Dinkins, Sr., 2010 WI App 163, review granted 3/16/11; for Dinkins: Steven D. Phillips, SPD, Madison Appellate; Dinkins BiC; State Resp.; Reply A prisoner subject to sex offender registration requirement, § 301.45, isn’t subject to criminal penalty for failing, on impending release, to notify authorities of his intended “residence” where he will be… Read More

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court of appeals decision (3-judge, not recommended for publication); for Watling: Margaret A. Maroney, Shelley M. Fite, SPD, Madison Appellate; BiC; Resp.; Reply Sentencing – Exercise of Discretion – Sex Offender Registration The sentencing court properly exercised discretion in requiring Watling to register as a sex offender on his conviction for 4th-degree sexual assault, ¶¶7-15… Read More

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State v. Matthew C. Parmley, 2010 WI App 79; for Parmley: Christopher M. Eippert; BiC: Resp.; Reply A sex offender may obtain an exception from the registration requirement 0f § 301.45(1m)2, if “the person had not attained the age of 19 years and was not more than 4 years older or not more than 4 years… Read More

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