State v. Robert P. Vesper, 2018 WI App 31; case activity (including briefs) Vesper complains that when he was sentenced for his 7th OWI offense the judge didn’t give a separate explanation for why it was imposing a fine in addition to prison time. Over a dissent, the court of appeals concludes the judge said enough to… Read more
a. Ability to pay
Who would’ve thunk? This is the subject of a hot new paper on the Social Science Research Network. You can read it here… Read more
State v. Paul A. Adams, 2016AP1149, 5/31/17, District 2 (1-judge opinion, ineligible for publication); case activity Adams, an inmate, objected to the garnishment of his prison wages to pay fines and forfeitures assessed in various traffic and OWI cases. The court of appeals rejected all of his claims because Adams, the moving party, bore the… Read more
State v. Ahern Ramel, 2007 WI App 271 For Ramel: Wm. Tyroler, SPD, Milwaukee Appellate Issue/Holding: ¶14 A fine that an offender has the ability to pay may satisfy sentencing objectives the trial court has found to be material and relevant to the particular defendant. See id. Here, however, with no explanation from the sentencing court of how… Read more
State v. Bruce J. Kuechler, 2003 WI App 245 For Kuechler: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶13. Fourth, Kuechler contends that the trial court imposed the fine without first ascertaining his ability to pay. We agree. Because Kuechler timely raised the issue of ability to pay in his postconviction motion, the trial court… Read more
