Due Process Violation

By: Derek Hawkins//June 15, 2020//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Thor. L. Jepsen

Case No.: 2018AP2306-CR

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

Focus: Due Process Violation

Thor Jepsen appeals from a judgment of conviction, following his plea of no contest to third-degree sexual assault, and an order denying his motion for postconviction relief. Jepsen argues his due process rights were violated when the circuit court referenced at sentencing a presentence investigation report (PSI) that suggested Jepsen was a “low-moderate” risk to re-offend, even though a proper tabulation of Jepsen’s Static-99R assessment would have placed him at a “low” risk to re-offend. The court denied Jepsen’s postconviction motion on the grounds of harmless error, stating that it would have imposed the same sentence regardless of whether Jepsen was only a “low” risk to re-offend. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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