Curtis L. Walker v. Dan Cromwell, No. 23-2240, 6/16/25 Despite making a “strong case for relief” that his de-facto life sentence for a homicide committed when he was 17 violated the Eighth Amendment, the Seventh Circuit held that Curtis Walker’s habeas petition could not overcome the heavy burden imposed by 28 U.S.C. § 2254(d) to… Read more
36. Sentencing
State v. Scott R. Dachelet, 2023AP970, 6/25/25, District II (recommended for publication); case activity Wisconsin’s seemingly straightforward sentence credit statute – Wis. Stat. § 973.155(1)(a) – is required to accommodate an infinite variety of scenarios. Here, the COA addressed whether a defendant is entitled to sentence credit on a withheld sentence where probation was revoked… Read more
State v. Benny Burgos, 2024AP1497-CR, 6/3/25, District I (not recommended for publication); case activity In an interesting appeal presenting questions of statutory construction and appellate jurisdiction, COA uses principles of equity to reach the merits and reverses in Burgos’s favor. Burgos was made eligible for SAP at his original sentencing in 2016. (¶2). He enrolled… Read more
State v. Daniel J. Rejholec, 2023AP2192-CR, 5/28/25, District II (recommended for publication); case activity In a consequential appeal, COA holds that allocution statements are admissible evidence after a plea has been withdrawn. Rejholec was charged with various crimes based, in large part, on his statements during an in-custody interrogation. (¶2). Rejholec moved to suppress and… Read more
State v. Daecorion J. Robinson, 2022AP2087-CR, 5/28/25, District I (not recommended for publication); case activity In a rare “causal nexus” win, 2 judges in D1 agree that the circuit court’s order was infirm. Under the text of the restitution statute, Robinson’s aiding a felon does not make him liable for the consequences of that felon’s… Read more
State v. Eric J. Joling, 2023AP1023-CR, 12/11/24, District II (recommended for publication); case activity Federal law prohibits subjecting social security disability insurance payments (SSDI) to “execution, levy, attachment, garnishment, or other legal process.” 42 U.S.C. § 407(a). In a decision recommended for publication, the Court of Appeals held that a circuit court may nevertheless use… Read more
State v. Lynetta Lake, 2024AP115-CR, 11/12/24, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) Lake pleaded guilty to negligent operation of a motor vehicle and hit and run of an attended vehicle. Following a hearing, the circuit court ordered restitution. Lake filed a postconviction motion alleging ineffective assistance of counsel for failing… Read more
State v. Thatcher R. Sehrbrock, 2022AP2153-CR, 8/8/24, District IV (authored); case activity Sehrbrock, convicted of robbery with use of force as PTAC, appeals the judgment of conviction and order denying his postconviction motion in which he challenged a condition of probation requiring that an ignition interlock device be installed on any motor vehicle that he… Read more
