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36. Sentencing

Jones v. Mississippi, USSC No.  18-1259, certiorari granted 3/9/20. Question presented: Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole. On February 26th, SCOTUS dismissed Randall Mathena, Warden v. Lee Boyd Malvo, USSC No. 18-217, which raised the… Read More

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State v. Charles L. Neill, IV, 2020 WI 15, 2/14/20, reversing a published decision of the court of appeals; case activity (including briefs) In this decision the supreme court explains how to calculate the minimum fine for an OWI when the fine is subject to multiple enhancer provisions. The supreme court’s calculation is better for defendants… Read More

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State v. Camron Rufus Spencer, 2019AP912-CR & 2019AP913-CR, District 1, 1/28/20 (one-judge decision; ineligible for publication); case activity (including state’s brief) Spencer’s custody leading up to his sentencing was not factually connected to the crimes for which he was sentenced, so he isn’t entitled to sentence credit for that time. Spencer was in custody for… Read More

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Restitution challenge forfeited

State v. Michael S. Coleman, 2019AP1999-CR, District 4, 1/30/20 (one-judge decision; ineligible for publication); case activity (including briefs) Coleman appealed the restitution ordered for the damage he did to a squad car by striking his head against the cage inside and kicking the door. (¶2). But his challenges are forfeited for failure to raise them… Read More

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State v. Edward L. Body, Sr., 2019AP836, 1/22/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Body appeals the sentence he received after the revocation of his probation. He claims the circuit court erred in considering his gender and unproven allegations contained in the PSI. He also argues the sentence–one year in… Read More

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State v. Donavinn D. Coffee, 2020 WI 1, 1/9/20, 2017AP2292, affirming a per curiam court of appeals opinion; case activity (including briefs) Where to begin? Well, this is a blog by appellate lawyers, so forgive us if we dwell first on the fact that our law-developing court has once again elected not to develop the… Read More

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State v. Ryan M. Muth, 2019AP875-CR, petition for review of per curiam opinion granted 12/11/19; case activity (including briefs) Issues presented (based on petition and  cross-petition for review): Wisconsin’s marital property statutes provide that income accrued during marriage belongs to both spouses. Wisconsin’s restitution statute permits crime victims to recover “income lost” from the “filing of charges or… Read More

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You’ve read a lot about the use of algorithms at the sentencing stage of criminal proceedings, but they are also used at the bail and parole stages. This new paper looks at the bias embedded in algorithms (including the STATIC-99R) and zeroes in on our own State v. Loomis… Read More

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