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31. Probation/ES

Lomax v. Ortiz-Marquez, USSC No. 18-8369, 2020 WL 3038282, 6/8/20, affirming 754 Fed. Appx. 756 (10th Cir. 2018); Scotusblog page (including links to briefs and commentary) The federal Prison Litigation Reform Act (PLRA) bars a prisoner from being able to file a lawsuit without first paying filing fees if the prisoner has “three strikes”—that is… Read More

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State v. Brandin L. McConochie, 2019AP2149-CR, District 2, 4/22/20 (1-judge opinion, ineligible for publication); case activity (including briefs) McConochie pulled his vehicle alongside Amish buggies and exposed his genitals to the occupants within. He pled no contest to 3 counts of lewd and lascivious behavior as a repeater. As a condition of probation, the court… Read More

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State v. Larry C. Lokken, 2017AP2087-CR, 9/17/19, District 3 (unpublished), case activity (including briefs) Lokken, a long-time Eau Claire County Treasurer, pled “no contest” to 3 counts of misconduct in office and 5 counts of theft in a business setting for stealing $625,758.22 from taxpayers.  The circuit court ordered $681,846.92 in restitution  and imposed an… Read More

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State v. Dennis L. Schwind, 2019 WI 48, affirming a court of appeals’ summary disposition in 2017AP141-CR, 5/3/19; case activity (including briefs). Section 973.09(3)(d) gives circuit courts authority to reduce or terminate a term of probation if 6 requirements are met. Schwind did not proceed under that statute because he couldn’t satisfy the requirements. So… Read More

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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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