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D. Type of punishment

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


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


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


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


State v. Larry C. Lokken, 2017AP2087-CR, 9/17/19, District 3 (unpublished), case activity (including briefs) Lokken, a long-time Eau Claire County Treasurer, pled “no contest” to 3 counts of misconduct in office and 5 counts of theft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


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


Reducing violent recidivism

MULS Professor Michael O’Hear has a new article out: Managing the Risk of Violent Recidivism: Lessons from Legal Responses to Sexual Offenses. See the abstract below, and click here for the article. Over the course of a generation, American legislatures have quietly adopted an intricate web of measures intended to reduce the risk that individuals… Read More


State v. Caleb J. Hawley, 2018AP1601-CR, District 4, 3/28/19 (one-judge decision; ineligible for publication); case activity (including briefs) The judge who sentenced Hawley after revocation of probation stayed the sentence and ordered it to start some 14 months down the road, when Hawley would finished serving the 18 months of conditional jail time ordered in… Read More