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F. Sentence credit

State v. Dominic A. Caldiero, 2021AP1163-CR, District 4, 4/28/22 (one-judge decision; ineligible for publication); case activity (including briefs) When he drove in 2019, Caldiero was still “subject to” a 2015 court order under § 343.301 (2013-14) restricting his operating privilege to cars with an ignition interlock device (IID) because the time period on that restriction… Read more

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State v. Tanya M. Liedke, 2020AP33-CR, Distirct 2, 12/29/21 (not recommended for publication); case activity (including briefs) The circuit court correctly concluded that Liedke wasn’t in custody for sentence credit purposes while she was on GPS monitoring in connection with the case on which she was sentenced. But she’s entitled to some credit for other… Read more

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State v. Cesar Antonio Lira, 2021 WI 81, 11/18/21, reversing an unpublished court of appeals decision; case activity (including briefs) Section 973.15(5) provides that if an offender convicted in Wisconsin is “made available” to another jurisdiction, he or she gets credit toward his or her Wisconsin sentence “under the terms of § 973.155” for the… Read more

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State v. Joseph L. Slater, 2021 WI App 88; case activity (including briefs) Slater had a prison sentence imposed and then stayed in favor of probation. While on probation, he was arrested on three new charges. The department of corrections revoked his probation pretty quickly, but he didn’t get sent to prison: instead, he remained… Read more

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State v. Avery B. Thomas, Jr., 2021 WI App 59; case activity (including briefs) Thomas was arrested for and charged with criminal conduct while he was on federal supervision. He was held on cash bail till after his plea, when his bail was modified to a signature bond. He remained in custody, though, because the… Read more

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State v. Cesar Antonio Lira, 2019AO691-CR, petition for review granted 1/20/21; case activity Issues presented (from the State’s PFR): 1. Under §973.155, a convicted offender is entitled to sentence credit for “all days spent in custody in connection with the course of conduct for which sentence was imposed.” And §973.15(5) provides that an offender lawfully… Read more

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State v. Wyatt William Kontny, 2020 WI App 30; case activity (including briefs) You’d think all the sentence credit issues would’ve been settled by now, but it’s not so! This case settles two of them. The first issue: Does a stipulation to sentence credit at the time of sentencing preclude the defendant from later seeking… Read more

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State v. Richard H. Harrison, Jr., 2020 WI 35, 4/17/20, reversing an unpublished decision of the court of appeals; case activity (including briefs) Addressing an unusual issue that is now also effectively moot due to developments in the case since the cross petitions for review were granted, a majority of the supreme court holds that… Read more

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