State v. Jimmie R.R., 2004 WI App 168, motion for reconsideration denied 9/15/04
For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate
Issue: Whether the holding of State v. Crowell, 149 Wis. 2d 859, 440 N.W.2d 352 (1989) with respect to confidentiality of presentence reports “only prohibited use of information obtained during the presentence investigation in a subsequent trial concerning the same charges, but did not prohibit use of the information in subsequent prosecutions for different offenses,” ¶14.
¶24 The State’s attempt to limit Crowell to cases where the State seeks to use information from the presentence investigation at a trial following the withdrawal of a guilty plea must fail. The rationale behind the Crowell court’s decision supports a broader application of Wis. Stat. § 972.15. The Crowell court was concerned that if a defendant was fearful that the information he or she provided an investigator could be used at a subsequent trial to obtain a conviction, the defendant would be less forthcoming with potentially dangerous facts, thereby jeopardizing the sentencing process. This concern is present regardless of whether that subsequent trial concerns the same or a different charge. Accordingly, we reject the State’s argument that Geske’s testimony was properly before the court and conclude that Jimmie’s counsel’s failure to object to Geske’s testimony constitutes deficient performance.
See also State v. Everybodytalksabout, Wash SCt No. 78514-7, 9/6/07 (defendant’s admission in PSI violated 6th amendment right to counsel when admitted against him at trial).