State v. Charles A. McIntyre, 2014AP800-CR, District 3, 12/30/14 (1-judge decision; ineligible for publication); case activity When pronouncing sentence in McIntyre’s case the circuit court repeatedly interchanged “consecutive” and “concurrent” when referring to Count One (of five). (¶¶2-5). Thus, despite the court’s several attempts at clarification during the sentencing hearing, the sentence imposed on that count was… Read more
36. Sentencing
State v. Lance F., 2014AP1881-FT, 12/23/14, District 2 (1-judge opinion; ineligible for publication); case activity A circuit court lacks authority to order a juvenile (who had been found delinquent for battery, disorderly conduct and physical abuse of a child) to make restitution of the victim’s missing property, where he was never charged with theft of the property, he never admitted to… Read more
State v. Timothy D. Russell, 2014AP451-CR, District 1, 12/23/14 (not recommended for publication); case activity When sentencing Russell for a series of thefts committed while he was deputy chief of staff to the Milwaukee County Executive, the circuit court referred to the charge to which Russell pled as “misconduct in public office, … not a theft as… Read more
State v. Kearney W. Hemp, 2014 WI 129, 12/18/14, reversing a published court of appeals decision; opinion by Justice Gableman; case activity At last, a unanimous SCOW decision settles how §973.015 is really supposed to work. Upon a young person’s successful completion of a sentence or probation, the detaining or probationary authority must issue a… Read more
State v. Tahj E. Kitt, 2015 WI App 9; case activity “When a convicted offender has put sentence credit at issue, the court—not the clerk—must make and explain the decision on how much sentence credit is to be awarded.” (¶2). After Kitt filed a postconviction motion seeking additional sentence credit over the 75 days he’d already been… Read more
State v. Jordan John Samsa, 2015 WI App 6; case activity The circuit court did not erroneously exercise its discretion in using the criminogenic needs section of the COMPAS assessment report, which identifies areas in which the offender needs correctional or community intervention, as an indicator of Samsa’s danger to the community. Samsa pleaded guilty to sexual… Read more
Questions presented: 1) Does the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), apply retroactively to this case? 2) Is a federal question raised by a claim that a state collateral review court erroneously failed to find that a new constitutional rule fits within an exception to Teague v. Lane, 489 U.S. 288 (1989), which… Read more
Cases dismissed after completion of deferred prosecution agreement can’t be expunged under § 973.015
State v. Andrew R. Geurts, 2014AP1520-CR, District 4, 12/4/14 (one-judge decision; ineligible for publication); case activity The circuit court had no authority to expunge the record of Geurts’s criminal case after it was dismissed after his successful completion of a deferred prosecution agreement because § 973.015 applies only to the record of an offense for… Read more
