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4. Improper factors

State v. Octavia W. Dodson, 2022 WI 5, 2018AP1476, 1/26/22, affirming an unpublished per curiam court of appeals decision; case activity (including briefs) Dodson pleaded guilty to second-degree homicide. He’d shot and killed Freeman, who he (apparently erroneously) believed had earlier rear-ended his car. Dodson had pursued Freeman’s car and Freeman pulled over. Dodson said… Read more

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State v. Westley D. Whitaker, 2020AP29-CR, petition for review of a published decision of the court of appeals granted 6/16/21; case activity (including briefs) Issues Presented (from the PFR and supreme court order granting review) Does it violate the First and Fourteenth Amendments and Article I, Section 18 of the Wisconsin Constitution to consider a… Read more

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State v. Scott William Forrett, 2021 WI App 31, petition for review granted, 9/14/21; case activity (including briefs) Wisconsin permits a driver’s prior refusal to submit to a warrantless blood test as a criminal penalty enhancer for a subsequent OWI. In an open and shut opinion that is recommended for publication, the court of appeals… Read more

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State v. Westley D. Whitaker, 2021 WI App 17, petition to review granted, 6/16/21; case activity (including briefs) This appeal raises a hot-button issue likely to interest SCOW. Just last year an investigative journalist reported that Amish communities do not report sexual assaults of children to social workers or police. Parents and church elders strive… Read more

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State v. Octavia W. Dodson, 2018AP1476-CR, petition for review granted 1/20/21; case activity (including briefs) Issue presented: Did the sentencing court violate Dodson’s Second Amendment right to keep and bear arms by considering his status as a lawful gun owner an aggravating factor at sentencing? The supreme court just recently rejected an as-applied challenge to… Read more

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State v. Edward L. Body, Sr., 2019AP836, 1/22/20, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) Body appeals the sentence he received after the revocation of his probation. He claims the circuit court erred in considering his gender and unproven allegations contained in the PSI. He also argues the sentence–one year in… Read more

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State v. Carrie E. Counihan, 2017AP2265-CR, petition for review granted 5/14/19, and State v. Donavinn Coffee, 2017AP2292-CR, petition for review granted 5/14/19; case activity (Counihan; Coffee) Issues: Does a defendant forfeit his right to challenge a judge’s consideration of information at sentencing by failing to object to the information at the time of sentencing? If trial… Read more

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How to argue with the COMPAS Algorithm

Looks like NYU Professor Ann Washington has done the hard work for you. Her new article, How to Argue With an Algorithm: Lessons from the Compass-ProPublica Debate, strives to inform courtroom arguments over the integrity of algorithms used to predict risk during the sentencing process… Read more

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