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D. Type of punishment

State v. Troy R. Lasecki, 2020 WI App 36; case activity (including briefs) Wonders never cease. The State charged Lasecki with 2 counts of failure to return security deposits to tenants in violation of Wis. Admin Code. §ATCP 134.06(2) and §§100.20(2) and 100.26(3)(2013-3104). Lasecki proceeded pro se at trial, and a jury convicted  on both… 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. 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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State v. Amanuel A. Ayele, 2019AP432, 11/7/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Ayele pleaded to a battery after an attack on his father, with whom he lived. The state had charged the crime as an incident of domestic abuse carrying a surcharge under Wis. Stat. § 973.o55 but moved… Read More

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State v. Michael A. Nieman, 2017AP1906-CR, 11/7/29, District 4, (1-judge opinion, ineligible for publication); case activity (including State’s brief) Nieman, pro se, appealed an order for over $13,000 in restitution entered after he pled to felony theft by false representation. The court should not have awarded any restitution, he argued. Or, if restitution was permitted… Read More

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State v. Marvin Frank Robinson, 2019AP105-106-CR; 9/24/19; District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Robinson pled to misdemeanor battery with domestic abuse assessements and to knowingly violating a temporary restraining order in one case. He also pled to misdemeanor bail jumping (violation of the TRO) and other crimes in a second… 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. Charles L. Neill, IV, petition for review granted 6/11/19; 2018AP75; case activity (including briefs) This is a review of a published court of appeals decision. Here’s the issue, as stated in our prior post: Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers… Read More

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