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Guest post: The latest on DNA surcharges

As we wait on SCOW to decide the petition for review on State v. Scruggs, ASPD Peter Heyne offers some news and thoughts on DNA surcharges. On January 7, 2016, the court of appeals rejected a no-merit report in State v. Jeffrey J. Wickman noting that neither State v. Radaj nor State v. Scruggs “squarely addresses whether a mandatory DNA… Read more

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State v. Tabitha A. Scruggs, 2015 WI App 88, petition for review granted, 3/7/16, affirmed, 2017 WI 15; case activity (including briefs) Addressing a question left open by State v. Radaj, 2015 WI App 50, 363 Wis. 2d 633, 866 N.W.2d 758, the court of appeals holds that the constitutional prohibition against ex post facto laws… Read more

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State v. Gregory Mark Radaj, 2015 WI App 50; case activity (including briefs) A defendant who committed a felony before the effective date of the law mandating a $250 DNA surcharge for each felony conviction, but who is sentenced after that effective date, cannot be made to pay the surcharge on each felony conviction because that violates… Read more

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State v. Garett T. Elward, 2015 WI App 51; case activity (including briefs) Defendants who committed a misdemeanor offense before April 1, 2015 January 1, 2014, cannot be made to pay the mandatory $200 DNA surcharge that is supposed to be imposed for each misdemeanor conviction beginning January 1, 2014, because imposition of the surcharge on that class of… Read more

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State v. Leopoldo R. Salas Gayton, 2013AP646-CR, District 1, 10/7/14 (not recommended for publication), petition for review granted 11/4/15, affirmed, 2016 WI 58; case activity The sentencing court didn’t erroneously exercise its discretion by relying in part on Gayton’s immigration status or by failing to explain its reasons for imposing the maximum term of initial… Read more

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State v. Manuel R. Williams, 2012AP357-CR, District 1, 1/29/13; court of appeals decision (not recommended for publication); case activity Terry stop – reasonable suspicion Police had reasonable suspicion to stop defendant where, based on suppression hearing testimony, circuit court found that: the officers were sent to a shooting in “a high risk area”; when police… Read more

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Sentencing Discretion: DNA Surcharge

State v. Jaredt E. Simonis, 2012 WI App 84 (recommended for publication); case activity Although Simonis was properly ordered pursuant to § 973.047 provide a DNA sample, the sentencing court erroneously exercised discretion in ordering him under § 973.046 to pay the associated costs. ¶1        The sole issue on appeal is whether the circuit court… Read more

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State v. Michael T. Ziller, 2011 WI App 164 (recommended for publication); for Ziller: Michael S. Holzman; case activity ¶11      On the basis of our review of the record in this case, we are satisfied that the circuit court properly exercised its discretion in sentencing Ziller.  The circuit court considered the three primary sentencing factors and noted… Read more

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