Criminal cases on tap for state Supreme Court

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The state Supreme Court will take up three criminal cases during oral arguments on Wednesday, Jan. 16.

In the first case at 9:45 a.m., justices will consider how decisions in previous cases apply to the reconfinement sentence of a man, arrested for a rules violation and absconding while under supervised release. According to the court, in State v. Walker, 06AP562-CR, Clayborn L. Walker pled guilty to being a party to armed robbery with the use of force. He was sentenced to two years in prison and four years of supervised release.

After being discharged to supervised release, he was arrested for violating the rules of his supervised release and absconding.

Walker was sentenced to two years in prison, but he could have been sentenced to four more years. The court could clarify the law relating to sentences imposed at reconfinment hearings when the original sentence isn’t imposed.

In the second case at 10:45 a.m., the court will consider whether a defendant’s plea was unknowing and involuntary. In State v. Straszkowski, 06AP64-CR, David G. Straszkowski pleaded guilty to three counts – second-degree sexual assault of a child, possession of drug paraphernalia and issuing a worthless check. He argues that he did not realize that two dismissed charges for sexual assault and worthless checks would be read in during his sentencing.

The Supreme Court will consider whether a plea hearing must include an explanation of a read-in and whether the trial judge must ensure that the defendant understands the explanation of the read-in procedure.

Finally at 1:30, the justices will take up State v. Louis H. LaCount, 06AP672-CR. The court will consider several topics arising from a securities fraud case. Those issues will include the definition of an investment contractor and whether the court’s finding that LaCount was a habitual criminal violated his right to a jury trial.

Oral arguments for all of the cases can be heard online.

For more information on any of these cases, visit the Supreme Court’s Web site.