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16. Ex Post Facto

State v. Jamal L. Williams, 2016AP883-CR, 2018 WI 59, 5/30/18, reversing in part, a published court of appeals opinion, 2017 WI App 46, case activity (including briefs) In a 5-0 opinion (Roggensack and A.W. Bradley did not participate) SCOW overruled two court of appeals decisions, State v. Elward and State v. Radaj, which had held… Read More

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State v. Arthur Allen Freiboth, 2015AP2535-CR, District IV, 2/26/18; case activity (including briefs) Issue: …[W]e certify the present appeal to the Wisconsin Supreme Court to decide whether a defendant who was not advised at the time of the plea that he or she faced multiple mandatory DNA surcharges has grounds for plea withdrawal. Sound familiar… Read More

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State v. Jamal L. Williams, 2017 WI App 46, cross petitions for review granted 10/10/17; case activity (including briefs) Issues (composed by On Point) 1. Is the imposition of a single mandatory $250 DNA surcharge an ex post facto violation with respect to a defendant who committed his offense when the surcharge was discretionary and who… Read More

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State v. Tabitha A. Scruggs, 2017 WI 15, affirming a published court of appeals decision; 2014AP2981-CR, 2/23/2017; case activity (including briefs) On June 30, 2013, Wisconsin enacted its biennial budget bill. Among its provisions were changes to the DNA surcharge applied to criminal convictions in Wisconsin. The $250 surcharge became mandatory rather than discretionary for all… Read More

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State ex re. Aman Singh v. Paul Kemper, 2016 WI 67, 7/13/16, affirming in part and reversing in part a published court of appeals decision, 2014 WI App 43, 353 Wis. 2d 520, 846 N.W.2d 820; case activity (including briefs) This habeas case involves three discrete ex post facto claims regarding multiple offenses committed and disposed… Read More

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Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point): Does the constitutional prohibition against ex post facto laws bar the mandatory imposition of a DNA surcharge for a single felony conviction based on conduct that was committed before the mandatory DNA surcharge requirement took effect? We all… Read More

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David Conrad v. United States, 7th Circuit Court of Appeals No. 14-3216, 3/4/16 Peugh v. United States, 133 S. Ct. 2072 (2013), held that the ex post facto clause prohibits a sentencing court from using a Sentencing Guideline in effect at the time of sentencing instead of the Guideline in effect at the time of the offense if the new… Read More

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Michael J. Belleau v. Edward F. Wall, 7th Circuit Court of Appeals No. 15-3225, 1/29/16 The Seventh Circuit holds that Wis. Stat. § 301.48, which requires certain sex offenders to wear a GPS monitoring device, does not violate either the Fourth Amendment or the constitutional prohibition against ex post facto laws. This decision reverses a Wisconsin federal district… Read More

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