Richard Mathis v. United States, USSC No. 15-6092, 2016 WL 343440, 579 U.S. ___ (June 23, 2016), reversing United States v. Mathis, 786 F.3d 1068 (8th Cir. 2015); Scotusblog page (includes links to briefs and commentary) In this decision the Court, by a 5-to-3 vote, reaffirms its long-standing rule that the “categorical approach,” which focuses on the elements of… Read more
36. Sentencing
State v. Loomis, which SCOW will soon decide, is being closely watched around the country. The case challenges the sentencing court’s use of an algorithm to predict the defendant’s risk of reoffending. Today’s New York Times discusses Loomis and notes that algorithms also use predictive data to decide which streets to patrol, to compile lists… Read more
State v. Antonio D. Barbeau, 2016 WI App 51; case activity (including briefs) Barbeau killed his great-grandmother when he was 14 years old, and eventually pled no contest to first-degree intentional homicide, which carries an automatic life sentence. When imposing such a sentence, the court must make a decision as to extended supervision: it can either… Read more
United States v. Bryant, USSC No. 15-420, 2016 WL 3221519 (June 13, 2016), reversing and remanding 769 F.3d 671 (9th Cir. 2014); Scotusblog page (includes links to briefs and commentary) As we explained in our prior post on the cert grant in this case, the Sixth Amendment does not apply in tribal courts. Congress has created… Read more
State v. Jason S. Witte, 2015AP795-CR, 5/26/16, District IV (one-judge decision; ineligible for publication); case activity (including briefs) Witte, charged with OWI-4th, attacked a 2004 prior, alleging that did not have, and did not validly waive, counsel. The circuit court concluded that Witte’s affidavit and the documents from the 2004 proceeding did not make out… Read more
While we’re waiting for a decision in State v. Loomis to tell us whether we can have access to the inner workings of the de facto Deus ex machina of Wisconsin sentencing proceedings, we thought you’d be interested in this investigative report on the COMPAS by the investigative reporters at ProPublica. ProPublica obtained the risk scores assigned to more than 7,000… Read more
Question presented: What are the jurisdictional prerequisites for appealing a deferred restitution award made during the pendency of a timely appeal of a criminal judgment imposing sentence, a question left open by the Court’s decision in Dolan v. United States, 560 U.S. 605 (2010)? Lower court opinion: United States v. Manrique, 618 Fed. App’x 579 (11th… Read more
Molina-Martinez v. United States, USSC No. 14-8913, 2016 WL 1574581 (April 20, 2016), reversing and remanding United States v. Molina-Martinez, 588 Fed. Appx. 333 (5th Cir. 2015); Scotusblog page (includes links to briefs and commentary) Emphasizing the Federal Sentencing Guidelines’ “central” role in sentencing because they “serve as the starting point for the district court’s decision and anchor… Read more
