16. Ex Post Facto

State v. Arthur Allen Freiboth, 2015AP2535-CR, District IV, 2/26/18; case activity (including briefs) Issue: …[W]e certify the present appeal to the Wisconsin Supreme Court to decide whether a defendant who was not advised at the time of the plea that he or she faced multiple mandatory DNA surcharges has grounds for plea withdrawal. Sound familiar… Read more

State v. Jamal L. Williams, 2017 WI App 46, cross petitions for review granted 10/10/17; case activity (including briefs) Issues (composed by On Point) 1. Is the imposition of a single mandatory $250 DNA surcharge an ex post facto violation with respect to a defendant who committed his offense when the surcharge was discretionary and who… Read more

State v. Tabitha A. Scruggs, 2017 WI 15, affirming a published court of appeals decision; 2014AP2981-CR, 2/23/2017; case activity (including briefs) On June 30, 2013, Wisconsin enacted its biennial budget bill. Among its provisions were changes to the DNA surcharge applied to criminal convictions in Wisconsin. The $250 surcharge became mandatory rather than discretionary for all… Read more

State ex re. Aman Singh v. Paul Kemper, 2016 WI 67, 7/13/16, affirming in part and reversing in part a published court of appeals decision, 2014 WI App 43, 353 Wis. 2d 520, 846 N.W.2d 820; case activity (including briefs) This habeas case involves three discrete ex post facto claims regarding multiple offenses committed and disposed… Read more

Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point): Does the constitutional prohibition against ex post facto laws bar the mandatory imposition of a DNA surcharge for a single felony conviction based on conduct that was committed before the mandatory DNA surcharge requirement took effect? We all… Read more

David Conrad v. United States, 7th Circuit Court of Appeals No. 14-3216, 3/4/16 Peugh v. United States, 133 S. Ct. 2072 (2013), held that the ex post facto clause prohibits a sentencing court from using a Sentencing Guideline in effect at the time of sentencing instead of the Guideline in effect at the time of the offense if the new… Read more

Michael J. Belleau v. Edward F. Wall, 7th Circuit Court of Appeals No. 15-3225, 1/29/16 The Seventh Circuit holds that Wis. Stat. § 301.48, which requires certain sex offenders to wear a GPS monitoring device, does not violate either the Fourth Amendment or the constitutional prohibition against ex post facto laws. This decision reverses a Wisconsin federal district… Read more