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D. Type of punishment

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

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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

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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

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On review of a court of appeals certification; affirmed 5/23/23; 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… Read more

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State v. Corey Rector, 2020AP1213, certification filed 11/24/21; granted 2/16/22; affirmed 5/23/23; 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… Read more

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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

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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. William C. MacDonald, 2020AP605-CR, 10/14/21, District 4 (not recommended for publication); case activity (including briefs) Section 973.042(2) mandates a $500 surcharge for each image “associated with the crime” of possession of child pornography. The State charged MacDonald with 10 counts of possessing child porn. He pled “no contest” to a single charge. The… Read more

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