Felony OWI with a minor passenger is an unclassified felony

State v. James A. Culver, 2018AP799-CR, District 4, 7/25/19 (not recommended for publication); case activity (including briefs) Back in 2008 Culver was convicted and sentenced for OWI, fifth offense, with a minor in the car, which doubles the minimum and maximum penalties, § 346.65(2)(f). Now that his extended supervision (ES) is being revoked he challenges the […] Source: WI Public Defenders – On Point Felony OWI … Continue reading Felony OWI with a minor passenger is an unclassified felony

Challenges to use of CHIPS information at sentencing rejected

State v. Dominique M. Anwar, 2018AP2222-CR, 6/25/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejects Anwar’s arguments that she’s entitled to resentencing because the State offered certain information at her sentencing hearing without first disclosing the information and giving her notice it would use the information. Anwar […] Source: WI Public Defenders – On Point Challenges to … Continue reading Challenges to use of CHIPS information at sentencing rejected

Collateral attack on prior OWI rejected

State v. Jessy A. Rivard, 2018AP1070-CR, District 3, 6/18/19 (one-judge decision; ineligible for publication); case activity (including briefs) Rivard’s challenge to the use of a 2006 OWI conviction fails because the record supports the circuit court’s conclusion that Rivard’s waiver of counsel in that case was valid. Rivard’s challenge focuses on whether the 2006 colloquy […] Source: WI Public Defenders – On Point Collateral attack … Continue reading Collateral attack on prior OWI rejected

In deciding whether to modify sentence based on a new factor, court may consider whether the new factor frustrates the purpose of the sentence

State v. Dustin M. Yanda, 2018AP412-CR, District 3, 6/18/19 (not recommended for publication); case activity (including briefs) In State v. Harbor, 2011 WI 28, 333 Wis. 2d 53, 797 N.W.2d 828, the supreme court held that a defendant seeking a “new factor” sentence modification doesn’t need to prove that the new factor “frustrates the purpose” […] Source: WI Public Defenders – On Point In deciding … Continue reading In deciding whether to modify sentence based on a new factor, court may consider whether the new factor frustrates the purpose of the sentence

SCOW will decide how multiple enhancers apply to OWI fines

State v. Charles L. Neill, IV, petition for review granted 6/11/19; 2018AP75; case activity (including briefs) This is a review of a published court of appeals decision. Here’s the issue, as stated in our prior post: Neill pleaded to an OWI-3rd, which has a minimum fine of $600. Wis. Stat. § 346.65(2)(am)3. His plea came with two statutory enhancers: […] Source: WI Public Defenders – On Point SCOW will … Continue reading SCOW will decide how multiple enhancers apply to OWI fines

SCOTUS takes on death penalty re-sentencing issues

McKinney v. Arizona, USSC No. 18-1109, certiorari granted 6/10/19 Questions presented: 1. Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted 2. Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing. Decision below: […] Source: WI Public Defenders – On Point SCOTUS takes … Continue reading SCOTUS takes on death penalty re-sentencing issues

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. Source: WI Public Defenders – On Point How to argue with the COMPAS Algorithm Continue reading How to argue with the COMPAS Algorithm

Reducing violent recidivism

MULS Professor Michael O’Hear has a new article out: Managing the Risk of Violent Recidivism: Lessons from Legal Responses to Sexual Offenses. See the abstract below, and click here for the article. Over the course of a generation, American legislatures have quietly adopted an intricate web of measures intended to reduce the risk that individuals […] Source: WI Public Defenders – On Point Reducing violent … Continue reading Reducing violent recidivism

Judge’s answer to jury question in absence of defendant and counsel was harmless error

State v. Deshawn Harold Jewell, 2017AP2503-CR, 10/30/18. District 1 (not recommended for publication); case activity (including briefs) Jewell claims that he is innocent of armed robbery, so his identity was an issue at trial. During deliberations,  the jury asked the trial court for the “six pack” of pictures of people who appeared in the police […] Source: WI Public Defenders – On Point Judge’s answer … Continue reading Judge’s answer to jury question in absence of defendant and counsel was harmless error

Restitution awards based on victims’ say-so affirmed

State v. Damien Farold Robinson, 2018AP259-CR, District 1, 10/30/18 (not recommended for publication); case activity (including briefs) Robinson challenges some of the restitution ordered to reimburse two burglary victims for repairing the damage caused by Robinson’s forcible entry. The court rejects his arguments that there was insufficient evidence about the costs of repair and the […] Source: WI Public Defenders – On Point Restitution awards … Continue reading Restitution awards based on victims’ say-so affirmed