Sentencing – Sentence Modification

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Michael T. Winius

Case No.: 2016AP1392

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Sentencing – Sentence Modification

Michael Winius, pro se, appeals from an order denying his “Motion for Reconsideration of Sentence Modification or in the Alternative Sentence Modification.” The motion sought reconsideration of a 2011 circuit court order denying sentence modification based on new factors. Citing WIS. STAT. §§ 806.07 and 805.15(3) (2015-16),  the present motion alleges newly discovered evidence revealed by newspaper accounts of a “secretive system” that denied inmates access to the prison programs deemed necessary by the parole commission. Winius argues: (1) the “secretive system” constitutes a new factor justifying a sentence reduction; (2) the “secretive system” violates his constitutional rights to due process and constitutes an ex post facto law; (3) Judge McGinnis exhibited judicial bias; and (4) this court should exercise its discretionary reversal powers under WIS. STAT. § 752.35. We reject these arguments and affirm the order.

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