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A. Allocution

State v. London Mack Stewart, 2013 WI App 86; case activity Stewart was convicted of reckless injury, reckless endangerment, and felon in possession after he shot at and injured a police officer executing a warrant at a home where Stewart was staying. (¶2). Under the plea agreement the state agreed to recommend a “global” 25-year sentence… Read more

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State v. Jack Minniecheske, 2012AP1133, District 3, 1/23/13; court of appeals decision (1-judge, not eligible for publication); case activity  Because Wis. Stat.  § 950.04(1v)(m) gives victims the right to provide statements at sentencing, the circuit court properly considered a victim impact statement despite defendant’s objection to it as “frivolous” and his claim the victim stole… Read more

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State v. Christina L. Contizano, 2011AP477-CR, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Contizano: Robert C. Howard III; case activity At Contizano’s sentencing for obstructing, based on lying to the police about her daughter’s location, the trial court didn’t erroneously exercise discretion in allowing Contizano’s ex-husband to advocate as a “victim” of… Read more

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State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08 For Payette: Robert R. Henak; Amelia L. Bizzaro Issue/Holding: ¶51      The trial court, having just heard a lengthy description of Payette’s violent and abusive conduct toward RS, directed that Payette not look at his victim during her statement to the court, because, the trial court… Read more

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State v. Quantae T. Hines, 2007 WI App 39 For Hines: Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: A defendant has a right to allocute during a reconfinement proceeding, the remedy for violation of which is resentencing, ¶¶18-20. The outcome is largely controlled by State v. John C. Brown, 2006 WI 131, which held that reconfinement is… Read more

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State v. Jeremy D. Russ, 2006 WI App 9 For Russ: Martha K. Askins, SPD, Madison Appellate Issue/Holding: A deaf defendant who had been shackled when he entered a guilty plea and was sentenced must show actual inability to communicate effectively in order to meet his burden of showing a violation of rights. Thus, even… Read more

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State v. Steven A. Harvey, 2006 WI App 26 For Harvey: Christopher William Rose Issue/Holding: Plea bargain, which permitted State to comment on facts but not to make specific sentencing recommendation was not violated by State’s presentation of victim and others who themselves asked for maximum penalty: ¶40      We first disagree that the State breached… Read more

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State v. Victor Naydihor, 2004 WI 43, affirming 2002 WI App 272, 258 Wis. 2d 746, 654 N.W.2d 479 For Naydihor: Philip J. Brehm Issue: Whether the State’s allocution amounted to an end-run violation of its obligation to recommend probation at sentencing by stressing Naydihor’s “lengthy history of polysubstance abuse,” his presentation of danger to… Read more

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