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G. Mandatory penalties

Charging as Sentencing, a recent article by Professor Donald Dripps at the University of San Diego Law School, contends that they are. Consider the possibilities… Read More

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State v. Samuel Silverstein, 2017 WI App 64; case activity (including briefs) Pursuant to a warrant, police searched Silverstein’s computer for child porn. The “informer” was Tumblr, which is required by federal law to report suspected child pornography to the National Center for Missing and Exploited Children. Silverstein challenged the warrant as well as the mandatory… Read More

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State v. Markus S. Holcomb, 2016 WI App 70; case activity (including briefs) “While sentence diagramming may be the bane of fifth graders everywhere, it is the trick of the trade in statutory construction.” Slip op. ¶9. “Punctuation too is important. . . . It can be the difference between ‘Let’s eat, Grandma!’ and ‘Let’s… Read More

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State v. Antonio D. Barbeau, 2016 WI App 51; case activity (including briefs) Barbeau killed his great-grandmother when he was 14 years old, and eventually pled no contest to first-degree intentional homicide, which carries an automatic life sentence. When imposing such a sentence, the court must make a decision as to extended supervision: it can either… Read More

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State v. Clayton W. Williams, 2014 WI 64, 7/15/14, reversing a published court of appeals decision; majority opinion by Justice Prosser; case activity This opinion addresses § 346.65(2)(am)6. as it applied to OWI 7th, 8th, and 9th offenses committed between July 1, 2010, when the statute first took effect, and April 10, 2014, when it was amended by 2014… Read More

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Village of Grafton v. Eric L. Seatz, 2014 WI App 23; case activity “The issue presented is straightforward:  Must a court order the installation of an ignition interlock device when a defendant is convicted of first-offense operating while intoxicated (OWI) and also has a prior conviction for an OWI offense?  The answer is yes.” (¶1). Seatz was… Read More

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Review of published court of appeals decision; case activity Issue (composed by On Point) Does § 346.65(2)(am)6., which provides that “the confinement portion of a bifurcated sentence imposed under s. 973.01 [for an OWI 7th, 8th, or 9th] shall be not less than 3 years,” require that a bifurcated sentence be imposed? The court of appeals… Read More

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Allen Ryan Alleyne v. United States, USSC No. 11-9335, 6/17/13 United States Supreme Court decision, vacating and remanding United States v. Alleyne, No. 11-4208 (4th Cir. Dec. 15, 2011) Since Apprendi v. New Jersey, 530 U.S. 466 (2000), a defendant has had the right to demand the jury find beyond a reasonable doubt any fact… Read More

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