State v. Junior L. Williams-Holmes, petition for review of a published court of appeals decision granted 11/16/22; case activity (including PFR, PFR response, and briefs) Issue presented (from the defendant’s PFR) Can a circuit court use its statutory authority to modify conditions of probation and extended supervision to regulate the day-to-day affairs of individuals on… Read more
D. Type of punishment
State v. Mark J. Gahart, 2021AP1841-CR, District 2, 11/2/22 (recommended for publication); case activity (including briefs) The court of appeals holds that driving while intoxicated with a minor passenger is not a victimless crime: the minor passenger is a victim for purposes of the restitution statute. Gahart was convicted of OWI while his minor daughter… Read more
State v. C.G., 2022 WI 60, 7/7/22, affirming a published court of appeals decision, 2018AP2205; case activity C.G. has the masculine legal name her parents gave her when she was born. When she was 15 years old she committed a sexual assault. At the time she was identifying as a male, but during and after… Read more
State ex rel. DeLorean Bryson v. Kevin Carr, 2022 WI App 34; case activity (including briefs) A few months ago the court of appeals decided Ortiz v. Carr, holding (with a number of important caveats) that DOC may not take a greater percentage of an inmate’s wages for restitution than the circuit court has ordered–if… Read more
Victor Ortiz, Jr. v. Kevin A. Carr, 2022 WI App 16; case activity (including briefs) Attorneys Jason Luczak and Jorge Fragoso of Gimbel, Reilly, Geurin & Brown generously took this case pro bono. And now Jorge offers this guest post on their defense win: Prison inmate (and hero to institutionalized persons) Victor Ortiz filed a… Read more
On review of a court of appeals certification; case activity (including briefs) Issue: Whether Wis. Stat. § 301.45(5)(b)1, which mandates lifetime sex-offender registration where a person has been convicted of a sex offense “on 2 or more separate occasions,” applies when a person’s only eligible convictions are entered on multiple guilty pleas in the same… Read more
COA asks SCOW to decide whether things that happen simultaneously happen on two “separate occasions”
State v. Corey Rector, 2020AP1213, certification filed 11/24/21; granted 2/16/22; District 2; case activity (including briefs) Issue (from the certification): Whether the plain meaning of “separate occasions” in the sex-offender-registration statute means that the two convictions must have occurred at different times in two separate proceedings so that the qualifying convictions occurred sometime before a… Read more
State v. Alex Stone Scott, 2021 WI App 84; case activity This split, recommended-for-publication opinion, merits further review. Scott drove M.S.’s truck without her permission and damaged it in the process. Undamaged, the truck’s Kelly Bluebook value was $2,394. M.S. testified that she did not want to repair the truck, but the circuit court nevertheless… Read more