36. Sentencing

State v. Sambath Pal, 2017 WI 44, 4/28/17, affirming a court of appeals summary disposition, 2015AP1782-CR; case activity (including briefs) Driver crashes into group of motorcyclists, kills one, mortally injures a second, flees the scene, and eventually pleads guilty to 2 counts of hit and run resulting in death contrary to §346.67(1). He’s sentenced to… Read more

State v. Julieann Baehni, 2015AP2263-CR, 4/27/17, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Baehni was charged with OWI, fourth offense. In the circuit she unsuccessfully sought to have the blood draw test results suppressed because she wasn’t given the alternative test she requested. She also collaterally attacked two of her prior convictions… Read more

State v. Kyle Lee Monahan, 2014AP2187, 4/27/17, District 4 (not recommended for publication) review granted 11/13/17; Affirmed 6/29/18; case activity (including briefs) Kyle Monahan was convicted of OWI homicide after a jury trial. The trial court excluded evidence offered to show that Monahan was not, in fact, driving the vehicle when it crashed. On appeal… Read more

State v. J.J.S., 2016AP1519, 4/25/17, District 3 (1-judge appeal; ineligible for publication); case activity The case appears to be an issue of first impression: Whether §938.34(5)(c), which provides that juveniles under 14 can’t be required to pay more than $250 in restitution, refers to the juvenile’s age when the State filed the delinquency petition or… Read more

Nelson v. Colorado, USSC No. 15-526, (April 20, 2017), reversing and remanding Colorado v. Nelson, 364 P.3d 866 (2015); SCOTUSblog page (inlcuding links to briefs and commentary). This decision establishes that a State cannot force an exonerated defendant to file a civil suit and prove his innocence by clear and convincing evidence in order to… Read more

This week Wired ran an op-ed arguing that courts should stop using algorithms to set bail and sentence defendants until some ground rules are set. Yes, it discusses Compas and State v. Loomis. But beyond that it describes what could happen if courts move from using simple algorithms to using deep learning algorithms known as neural… Read more

State v. Thomas G. St. Peter, 2016AP683-CR, District 1, 4/18/17 (one-judge decision; ineligible for publication); case activity (including briefs) St. Peter is entitled to a new sentencing hearing because the judge violated his due process rights when it relied on inaccurate information to jump the parties’ joint recommendation for time served and impose more jail time. State v… Read more