State v. Jack E. Hoppe, 2014 WI App 51; case activity A sentencing court may not prohibit a defendant convicted of OWI from driving a motor vehicle as a condition of extended supervision when the length of extended supervision exceeds the maximum period for revoking operating privileges set by § 343.30. Hoppe was convicted of OWI 7th and sentenced… Read more
B. Published opinions
State v. John Francis Ferguson, 2014 WI App 48; case activity The circuit court did not erroneously exercise its discretion in denying Ferguson’s plea withdrawal motion, which was based on recantations by two witnesses who had previously said Ferguson fatally shot a man. The circuit judge applied the proper standard under State v. McCallum, 208 Wis… Read more
State v. Dennis R. Armstrong, 2014 WI App 59; case activity The fact that Armstrong was entitled to eight months rather than approximately two years of sentence credit is a “new factor” because the information was unknowingly overlooked at sentencing and the amount of sentence credit was highly relevant to the circuit court’s imposition of the sentence… Read more
State v. Ivan Mendez, 2014 WI App 57; case activity When Mendez pleaded guilty to maintaining a drug trafficking place his attorney failed to inform him that a conviction for charge would subject him to automatic deportation from the United States with no applicable exception and no possibility of discretionary waiver. Padilla v. Kentucky, 559 U.S. 356, 363 (2010)… Read more
State v. Akil C. Jackson, 2014 WI App 50; case activity Under State v. Carter, 2010 WI 132, 330 Wis. 2d 1, 794 N.W.2d 213, Jackson’s statutory summary suspension in Illinois resulting from an OWI and PAC citation counts as a prior conviction under § 343.307(1) even though the citation was eventually dismissed. Carter considered whether a prior… Read more
State v. Roddee W. Daniel, 2014 WI App 46, petition for review granted 9/18/14, modified and affirmed, 2015 WI 44; case activity When postconviction counsel questions a defendant’s competency to understand his or her § 809.30 appellate rights or ability to effectively communicate with counsel but the defendant asserts he or she is competent, defense counsel… Read more
State v. Andrew M. Obriecht, 2014 WI App 42, petition for review granted 11/14/14, reversed, 2015 WI 66; case activity When sentence credit for time spent in custody before the defendant was sentenced is not granted until after the defendant has been revoked from parole and reincarcerated, the plain language of § 302.11(7)(am) and (b) requires DOC… Read more
State ex rel. Aman Singh v. Paul Kemper, 2014 WI App 43, petitions for review and cross review granted 11/4/15, affirmed in part and reversed in part, 2016 WI 67; case activity When Singh committed, or was convicted and sentenced for, his offenses, he was eligible for early release under statutes enacted by 2009 Wisconsin… Read more
