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DNA Surcharge
By: Derek Hawkins//June 13, 2018//
Listen to this articleWI Supreme Court
Case Name: State of Wisconsin v. Jamal L. Williams
Case No.: 2018 WI 59
Focus: DNA Surcharge
We review a petition by the State and a cross-petition by Jamal L. Williams challenging the court of appeals’ decision, which held: (1) the mandatory $250 DNA surcharge the circuit court ordered Williams to pay violated the Ex Post Facto Clauses of the Wisconsin and United States Constitutions; and (2) the circuit court did not rely on an improper factor when it sentenced Williams. The State and Williams each petitioned for review on the issues decided against them. The State claims the DNA surcharge statute does not violate the Ex Post Facto Clauses and Williams claims the sentencing court improperly increased his sentence because he exercised his right to object to restitution. We reverse the court of appeals on the DNA surcharge issue and affirm on the sentencing issue.
Reversed and Remanded in part. Affirmed in part.
Concur: ABRAHAMSON, J., concurs (opinion filed).
Dissent:
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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