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
9. Fines
State v. Kirk J. Bergquist, 2002 WI App 39 For Berhquist: Steven H. Gibbs Issue: Whether the state’s refusal to return guns valued at between $5000 and $7,150, following conviction for disorderly conduct, violated the Eighth Amendment Excessive Fines Clause. Holding: ¶8. Although the term “forfeiture” does not appear in this statute, our supreme court has… Read more
Sentencing – Review — Sentence Exceeding Statutory Maximum — Consecutive Terms of Probation — Remedy
State v. Glenn F. Schwebke, 2001 WI App 99, 242 Wis. 2d 585, 627 N.W.2d 213, affirmed on other grds., 2002 WI 55 For Schwebke: Keith A. Findley, UW Law School Issue/Holding: The remedy for this sentence which exceeded the permissible maximum — multiple counts of probation running consecutive to one another, ¶¶25-30 — is to commute… Read more
