36. Sentencing

Everyone once in awhile–sometimes around Groundhog Day–our former colleague emerges to post some entertaining comments  about a significant development in the law.  These remarks about a SCOTUSblog “petition of the day” filed in Ohio v. Hand,  now pending, were cut and pasted from Bill’s Facebook page. Can a prior juvenile delinquency adjudication, obtained without affording the right to a… Read more

There is new research to  support a racial bias challenge to COMPAS. You may recall that last spring Pro Publica studied COMPAS scores for some 10,000 people arrested for crimes in Broward County, Florida and published its results. It found that black defendants were twice as likely to be incorrectly labeled as higher risk to reoffend than white… Read more

State v. Rachel M. Helmbrecht, 2017 WI App 5; case activity (including briefs) A circuit court’s decision on whether to order expungement under § 973.015 involves the exercise of discretion, and therefore the general rules governing the proper exercise of discretion apply to the expungement decision. ¶11     The statute at issue here clearly contemplates the… Read more

State v. David H. Ninnemann, 2016AP1294-CR, 12/14/2016, District 2 (1-judge decision; ineligible for publication); case activity (including briefs) David Ninnemann appeals from sentencing after revocation of his probation. He challenges the length of his jail sentences and the court’s order that he register as a sex offender, but the court of appeals upholds both of… Read more

State v. Travis J. Manteuffel, 2016AP96-CR, 12/6/16, District 3 (1-judge decision; ineligible for publication); case activity (including briefs) State v. Elward, 2015 WI App 51, 363 Wis. 2d 628, 866 N.W.2d 756, held it an ex post facto violation to require misdemeanants to pay the $200 DNA surcharge where the law imposing it went into effect… Read more

State v. Michael Lee Brayson, 2016AP896-CR, District 1, 11/29/16 (one-judge decision; ineligible for publication); case activity (including briefs) Brayson’s girlfriend, L.A.R., is a long-haul trucker. When she goes out on the road he accompanies her and stays with her in the truck, though both maintained separate addresses in Mississippi. (¶¶3-6). Under these facts, Brayson’s convictions for… Read more

State v. Tydis Trinard Odom, 2015AP2525-CR; District 2, 11/9/16; certification refused 1/9/17; case activity (including briefs) Issue: Does the imposition of multiple DNA surcharges constitute “potential punishment” under WIS. STAT. § 971.08(1)(a) such that a court’s failure to advise a defendant about them before taking his or her plea establishes a prima facie showing that… Read more