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F. Sentence credit

State v. Wyatt William Kontny, 2020 WI App 30; case activity (including briefs) You’d think all the sentence credit issues would’ve been settled by now, but it’s not so! This case settles two of them. The first issue: Does a stipulation to sentence credit at the time of sentencing preclude the defendant from later seeking… Read More

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State v. Richard H. Harrison, Jr., 2020 WI 35, 4/17/20, reversing an unpublished decision of the court of appeals; case activity (including briefs) Addressing an unusual issue that is now also effectively moot due to developments in the case since the cross petitions for review were granted, a majority of the supreme court holds that… 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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State v. Amy Joan Zahurones, 2019 WI App 57; case activity (including briefs) Zahurones was charged with several drug-related counts along with resisting an officer and physical abuse of a child. All the counts arose out of a single encounter with the police. She ultimately pleaded to four counts. On three of those counts she… Read More

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State v. Sean N. Jones, 2018AP948-CR, District 3, 8/20/19 (not recommended for publication); case activity (including briefs) Jones makes various challenges to his conviction and sentence for being to party to the crime of armed robbery. The court of appeals rejects all of his claims except the last one, involving sentence credit. Jones first challenges… Read More

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State v. Richard H. Harrison Jr., 2017AP2440 & 2441-CR, cross-petitions for review granted 8/14/19; case activity We posted about the unpublished court of appeals decision; the basic scenario is that Mr. Harrison served his initial confinement on a couple of concurrent sentences, then began serving the initial confinement portion of some sentences that had been imposed consecutive to that first set… Read More

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State v. Richard H. Harrison Jr., , 2017AP2440-2441-CR, 3/21/19, District 4, (not recommended for publication); Review Granted 8/14/19, reversed, 2020 WI 35; case activity (including briefs) This post requires some concentration. Harrison was sentenced to 3 years IC (Initial Confinement) and 3 years ES (Extended Supervision) in a 2007 case and a 2008 case. In an… Read More

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State v. Zachary S. Friedlander, 2019 WI 22, 3/12/19, reversing an unpublished court of appeals decision; case activity (including briefs) State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, laid down a bright-line rule for determining whether a person was in “custody” for purposes of earning sentence credit. The supreme court… Read More

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