Kenosha County v. Blaire A. Frett, 2014 WI App 127; case activity State v. Melody P.M., 2009 AP2991 (WI App June 10, 2009), a 1-judge opinion, held that Wis. Stat. § 973.015 permits circuit courts to expunge civil forfeiture violations. Here, the court of appeals explicitly overrules Melody P.M. and holds that civil forfeiture violations may not be expunged. The court… Read more
36. Sentencing
Review of a per curiam court of appeals decision; case activity Issues (composed by SCOW). See order granting review. 1. Where a defendant seeks to plead guilty or no contest to a charge of operating a motor vehicle while under the influence of an intoxicant (OWI), or with a prohibited alcohol concentration (PAC), do State v. Bangert… Read more
Review of a published court of appeals decision; case activity: 2013AP1753-CR; 2013AP1754-CR Issue (composed by On Point) Does Guarnero’s conviction for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act qualify as a prior offense under the repeat drug offender enhancement provision of § 961.41(3g)(c) because the RICO conviction’s predicate acts involved, among other things, controlled substance… Read more
Review of a published court of appeals decision; case activity Issue (composed by On Point) When additional sentence credit is granted after an offender’s parole has been revoked, is the additional credit applied to the offender’s term of reincarceration, or to the remaining period of parole? Obriecht was revoked from parole and reincarcerated in prison for some portion of the… Read more
State v. David M. Carlson, 2014 WI App 124; case activity Note to trial courts: When ineffective assistance of counsel claims are based what trial counsel said to his client, hold an evidentiary hearing. Note to defense counsel: Data showing the sentences received by defendants charged with the same crimes as your client is about as useful… Read more
City of Kaukauna v. Grant R. Loescher, 2014AP954, District 3, 11/4/14 (1-judge decision; ineligible for publication); case activity Loescher’s 1997 conviction for first-offense OWI is not void because it was properly counted as a first offense despite his OWI conviction in 1992. Loescher claimed his 1997 offense should have been charged as a criminal second-offense OWI because he had… Read more
State v. Isaiah N. Triggs, 2014AP204-CR, District 1, 10/28/14 (not recommended for publication); case activity Trial counsel wasn’t ineffective for waiving a preliminary hearing in Triggs’s homicide prosecution or for failing to move to suppress Triggs’s confession. Further, the circuit court’s plea colloquy with Triggs was not defective and the circuit court didn’t erroneously exercise… Read more
State v. Leopoldo R. Salas Gayton, 2013AP646-CR, District 1, 10/7/14 (not recommended for publication), petition for review granted 11/4/15, affirmed, 2016 WI 58; case activity The sentencing court didn’t erroneously exercise its discretion by relying in part on Gayton’s immigration status or by failing to explain its reasons for imposing the maximum term of initial… Read more
