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B. Trial court discretion

State v. Westley D. Whitaker, 2021 WI App 17; case activity (including briefs) This appeal raises a hot-button issue likely to interest SCOW. Just last year an investigative journalist reported that Amish communities do not report sexual assaults of children to social workers or police. Parents and church elders strive to address the problem themselves… Read more

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State v. Shawn A. Anderson, 2019AP173-CR, District 3, 11/13/19 (not recommended for publication); case activity (including briefs) The circuit court’s sentencing remarks considered in their entirety showed the court properly exercised its discretion in ordering Anderson to be subject to lifetime supervision under § 939.615. Anderson was charged with and convicted of child sexual assault… 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State v. Sean N. Jones, 2018AP948-CR, District 3, 8/20/19 (not recommended for publication); case activity (including briefs) Jones makes various challenges to his conviction and sentence for being to party to the crime of armed robbery.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State v. Martez C. Fennell, 2017AP2480-CR, District 1, 3/26/19 (not recommended for publication); case activity (including briefs) Fennell unsuccessfully challenges his convictions for armed robbery and operating a vehicle without the owner’s consent, arguing that the charges are multiplicitous and that trial counsel should have subpoenaed a witness who would have impeached the victim’s identification… Read more

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Sentencing challenges rejected

State v. Angela L. Staten, 2018AP1506-CR, District 1, 3/19/19 (not recommended for publication); case activity (including briefs) Staten and her two co-defendants engaged in a course of tax fraud that netted them over $200,000 in tax refunds that didn’t belong to them. Staten, the first of the three sentenced, argues that her sentence was unduly… Read more

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State v. Marquis D. Walls, 2017AP1600-CR, District 1, 8/14/18 (not recommended for publication); case activity (including briefs) The court of appeals rejects Walls’s argument that the circuit court violated his Fifth Amendment right against self-incrimination by pressuring him to admit guilt at sentencing and then used his failure to do so to impose a harsher sentence. Walls… Read more

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State v. Timothy L. Landry, 2017AP1739-CR, 6/6/18, District 2 (1-judge opinion, ineligible for publication); case activity (including briefs) Landry pled to 2 counts of 4th-degree sexual assault and was ordered to comply with §973.048(1m)(a), Wisconsin’s sex offender registry. On appeal, he argued that the trial court had not made the necessary findings or explained its… Read more

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State v. Robert P. Vesper, 2018 WI App 31; case activity (including briefs) Vesper complains that when he was sentenced for his 7th OWI offense the judge didn’t give a separate explanation for why it was imposing a fine in addition to prison time. Over a dissent, the court of appeals concludes the judge said enough to… Read more

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