We’ve covered the pending cert petition in Loomis v. Wisconsin (e.g., here, here, here, and here), so we thought we’d close out our coverage by letting our readers know the Supreme Court denied the petition on its way out the door for summer recess. We’ll have to wait for some other case to address whether there are any due process limitations on using proprietary, undiscoverable algorithms to influence judge’s sentencing decisions.
Or, in the interim, demand that each and every PSI submitted by DOC for sentencing, be required to attach and include those “21 criminal history questions and their respective answers” the inclusion of which all 3 courts now, have supposedly each relied upon, in reaching their decisions. Or, in the alternative, request that sentencing be postponed, until this crucial arrest, conviction, supervision and gang affiliation criminal history information is provided, for thorough review of it’s accuracy in open court, citing the precedent now set forth in these decisions now available under State v. Loomis. These questions and their respective answers of course, are directly related to the level of risk assigned a defendant, and tie directly and decisively by explicit Division of Community Corrections Electronic Case Reference Manual instruction, into the sentence being recommended by DOC, despite of course, both the original and now also, the revised cautionary advisement, from Northpointe to the contrary.