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30. Probation/ES

Robert W. Huber v. Gloria Anderson, et al., 7th Circuit Court of Appeals No. 17-1302 (Nov. 26, 2018) Though not directly related to the day-to-day practice of criminal law, this decision may be of interest, if only for its holding regarding the time limits for a person to sue DOC based on claims it improperly… Read More

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State v. Dennis L. Schwind, 2017AP141-CR, petition for review of a summary disposition granted 9/4/18; case activity Issues (from Schwind’s petition for review): Did the circuit court have inherent authority to reduce the length of Schwind’s probation? If circuit courts have inherent authority to reduce the length of probation, what standard applies to the exercise of… Read More

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State v. Demario D. Fleming, 2017AP1851-CR, District 1, 7/17/18 (not recommended for publication); case activity (including briefs) Applying its recent decision in State v. Piggue, 2016 WI App 13, 366 Wis. 2d 605, 875 N.W.2d 663, the court of appeals rejects Fleming’s request for sentence credit for time he spent in custody on charges that were… Read More

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Probation extension passes due process muster

State v. Daniel E. Olsen, 2017AP918-CR, District 4, 1/25/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief) At the request of DOC, the circuit court extended Olsen’s probation by one year and increased his monthly restitution payment. His challenges to the court’s orders fail.  DOC alleged Olsen missed some restitution payments despite having… Read More

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State v. Larry Davis, 2017 WI App 55; case activity (including briefs) Applying § 304.072(4) and State v. Presley, 2006 WI App 82, 292 Wis. 2d 734, 715 N.W.2d 713, the court of appeals holds that a person who is revoked from extended supervision resumes serving his sentence when he is received in the prison system, not when… Read More

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State ex rel. Vincent Martinez v. Brian Hayes, 2014AP2095, District 2, 12/21/16 (not recommended for publication); case activity (including briefs) Martinez claimed the lawyer who represented him at his ES revocation hearing should have objected to certain hearsay evidence and to the ALJ’s failure to find good cause for the lack of appearance of certain witnesses. The… Read More

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State v. Antonio D. Barbeau, 2016 WI App 51; case activity (including briefs) Barbeau killed his great-grandmother when he was 14 years old, and eventually pled no contest to first-degree intentional homicide, which carries an automatic life sentence. When imposing such a sentence, the court must make a decision as to extended supervision: it can either… Read More

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On review of a court of appeals certification; case activity (including briefs) Issue (from certification) Whether an offender whose parole and extended supervision was revoked after a revocation hearing has an adequate remedy other than a writ of habeas corpus to pursue a claim that the attorney who represented him during the hearing rendered constitutionally… Read More

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