State v. Zackery J. Olson, 2023AP369-CR, 5/22/24, District II (1-judge opinion, not eligible for publication); case activity Olson’s erroneous exercise of discretion claim regarding the court’s decision to impose a prison sentence instead of probation fares about as well as you would expect. The court of appeals reviews and details the record supporting the court’s… Read more
36. Sentencing
State v. Andre L. Jones, 2023AP1535-CR, 2023AP1536-CR, 2023AP1537-CR and 2023AP1538-CR, 5/16/24, District IV(not recommended for publication); case activity In a rare appeal of an order denying a motion for return of property, COA rejects a novel statutory construction argument by adhering to what it views as binding precedent. Return of Property Jones sought return of… Read more
State v. Paul R. Noble, 2023AP1444-CR, 4/24/24, District II (one-judge decision, ineligible for publication); case activity While Noble’s arguments on appeal appear to have substantial merit, the court of appeals declines to address the merits because the state abandoned the appeal and thereby conceded that “Noble’s arguments are correct.” Roughly two years after Noble’s sentencing… Read more
Jared L. Spencer v. Michael Meisner, 21-cv-0326 (E.D. Wis. 4/26/24). In an intriguing habeas win, the district court swats away the usual arguments about “reliance” and “harmlessness” in order to find that Spencer’s constitutional right to be sentenced on the basis of accurate information was violated. Spencer, who has a long history of mental health… Read more
State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a). UPDATE: This post is… Read more
State v. Theodore J. Polczynski, 2023AP900, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) COA upholds the circuit court’s order barring Polczynski from owning a business or operating as a general contractor as conditions of probation by finding they are reasonable and appropriate under the facts of this case. Polczynski was… Read more
State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills. J.A.J. appeals a dispositional order for the serious juvenile offender program (SJOP) with placement at Lincoln… Read more
State v. John R. Brott, 2021AP2001, 8/30/23, District 2 (recommended for publication); case activity (including briefs) In 2016, the court of appeals held that a sentencing court must give effect to the mandatory minimum for possession of child pornography: a bifurcated sentence including three years of initial confinement. The statute’s language, the court said, precludes… Read more
