Coleman v. Tollefson, USSC No. 13-1333, 2015 WL 2340838 (May 18, 2015), affirming Coleman v. Tollefson, 733 F.3d 175 (6th Cir. 2013); Scotusblog page (includes links to briefs and commentary) Ordinarily, an indigent litigant may proceed in forma pauperis (IFP), which allows the litigant to file a civil action without paying fees or certain expenses. But under the federal… Read more
31. Probation/ES
State v. Millard Reno Bandy, Sr., 2014AP1055-CR & 2014AP1056-CR, District 1, 10/28/14 (1-judge decision; ineligible for publication); case activity: 2014AP1055-CR; 2014AP1056-CR A defendant’s history of domestic violence against a victim provided a basis for trial court to increase the period of probation under § 973.09(2)(a)1.b. even though the offenses for which the defendant was placed on probation didn’t involve… Read more
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
State ex rel. Ardonis Greer v. Wayne J. Widenhoeft, 2014 WI 19, affirming a published court of appeals decision; case activity; Majority opinion: Justice Ziegler; Dissent: Justice Bradley and C.J. Abrahamson The DOC assured Greer his probation was over and issued a discharge certificate to that effect. In truth, his probation term hadn’t yet expired… Read more
Review of published court of appeals decision; case activity Issues (composed by On Point): If the Department of Corrections erroneously issues a probationer a discharge certificate under 973.o9(5) before the probationary term expired, but later discovers the error and proceeds to revoke the probationer, did the Department lose jurisdiction over the probationer? If the Department… Read more
State v. Aaron S. Loos, 2012AP2154-CR, District 3, 5/14/13; court of appeals decision (1-judge, ineligible for publication); case activity Though Loos was convicted of one misdemeanor and one felony at the same time, the maximum one-year term of probation for the misdemeanor under § 973.09(2)(a)1r. could not be increased by one year under § 973.09(2)(b)2. That statute may be applied only… Read more
State v. John R. Edwards, 2013 WI App 51; case activity The longer period of probation applicable to a misdemeanor act of domestic abuse under Wis. Stat. § 973.09(2)(a)1.b. may be ordered even though the charging documents did not allege the crime was an act of domestic abuse. Edwards was charged with substantial battery, strangulation… Read more
State v. Justin L. Garrett, Case No. 12AP1341-CR, District 2, 12/19/12 Court of appeals decision (1 judge; ineligible for publication); case activity Garrett failed to make a prima facie showing that his plea colloquy was defective, so his motion to withdraw plea was properly denied without an evidentiary hearing: ¶10 Garrett argues that he did not… Read more
