State v. Keandrae J. Reed, 2020AP1921-CR, District 1, 6/2/21 (one-judge decision; ineligible for publication); case activity (including briefs) After being convicted of misdemeanor theft, Reed was placed on probation and given the chance for expungement. While he successfully discharged from probation, he isn’t entitled to expungement because he didn’t do enough to pay restitution to… Read more
36. Sentencing
State v. Scott William Forrett, 2021 WI App 31, petition for review granted, 9/14/21, affirmed, 2022 WI 37; case activity (including briefs) Wisconsin permits a driver’s prior refusal to submit to a warrantless blood test as a criminal penalty enhancer for a subsequent OWI. In an open and shut opinion that is recommended for publication… Read more
State v. Teresa L. Clark, 2020AP1058-CR, bypass granted 4/27/21; case activity Issue: (adapted from State’s COA brief): When the State uses a prior OWI conviction to enhance the charge and sentence for a subsequent OWI offense, a defendant may collaterally attack the prior conviction. If the defendant proves that her right to counsel was violated… Read more
State v. C.G., 2018AP2205, review granted 4/27/21; case activity Issues presented: Does Wis. Stat. § 301.45, the statute governing juvenile sex offender registration, unconstitutionally infringe on Ella’s First Amendment right to freedom of speech by preventing her from legally changing her name to reflect her gender identity? Does requiring Ella to register under Wis. Stat… Read more
SCOTUS: That stuff we said about not usually sentencing juveniles to life without parole? Nevermind.
Jones v. Mississippi, USSC No. 18-1259, 2021 WL 1566605, April 22, 2021; Scotusblog page (including links to briefs and commentary) “In a case involving [sentencing] an individual who was under 18 when he or she committed a homicide [to life without parole], a State’s discretionary sentencing system is both constitutionally necessary and constitutionally sufficient.” (Slip… Read more
County of Green Lake v. Lori Melchert, 2020AP473, District 2, 2/24/21 (one-judge decision; ineligible for publication); case activity (including briefs) Melchert’s challenge to a prior OWI that was improperly treated as a first offense comes way too late under City of Eau Claire v. Booth, 2016 WI 65, 370 Wis. 2d 595, 882 N.W.2d 738… Read more
State v. Timothy D. Wright, 2020AP1578, 2/25/2021, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Wright worked at Christmas Mountain. Over the course of a couple of months he allegedly directed several racist and threatening rants at colleagues, including threats to kill some of them. A supervisor eventually called the police, and… Read more
State v. Michael A. Rakel, 2017AP2519, 2/17/21, District 1 (not recommended for publication); case activity (including briefs) Michael Rakel was convicted of the 1st degree reckless homicide of Andre Taylor, who had a teenage daughter. Taylor was under a court order to pay child support to her. The court of appeals held that Rakel must… Read more
