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Guidelines Analysis

Although the court rejected Schlifer’s argument concerning the Armed Career Criminal Act, attorneys should continue to make similar objections to preserve them for review. While there is no reason to think that the Supreme Court will change the core holding ...

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Deterrence Case Analysis

The decision is noteworthy for several of the holdings, but the most noteworthy is the discussion of "marginal deterrence" as grounds for imposing a sentence below the guideline range. Since the issuance of U.S. v. Booker, one of the biggest ...

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LEO alums found opportunity to excel

“You need programs that show people there is a way to succeed and there is help out there.” Hon. Louis B. Butler Jr., Wisconsin Supreme Court The University of Wisconsin Law School boasts an alumni roster replete with the crown ...

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No Merit Report Case Analysis

The court’s decision in this case must be very carefully applied, lest Wisconsin courts run afoul of the Seventh Circuit’s decision in Page v. Frank, 343 F.3d 901 (7th Cir. 2003), and claims get reinstated by the federal courts. In ...

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Reciprocity Case Analysis

Although Mostkoff was unsuccessful, and the Supreme Court did not consider his constitutional challenges even worthy of discussion, this may not be the end of the matter. Just last month, a federal court in North Carolina held that a state-specific ...

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Cooperation with police is new factor

Post-sentencing assistance to law enforcement is a new factor permitting a sentence modification, the Wisconsin Court of Appeals held on March 22. The defendant, identified only as John Doe, pleaded guilty to carrying a concealed weapon, felon in possession, and ...

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New Factor Case Analysis

The court only held that post-sentencing information provided to law enforcement may be a new factor, but remanded the case to the circuit court to exercise its discretion in deciding whether to modify the sentence. What constitutes a proper exercise ...

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Punitive Damages Case Analysis

Although the majority states that its standard is higher than the previous common law standard, and that circuit courts must act as "gatekeepers" — only sending punitive damage questions to juries where this heightened standard is met — the standard ...

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Suspect can't invoke Miranda before arrest

“A noncustodial interrogation normally fails to create circumstances that compel self-incrimination which is why Miranda does not apply in those situations.” Hon. Michael W. Hoover Wisconsin Court of Appeals A suspect’s invocation of Miranda does not render his subsequent statements ...

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Miranda Case Analysis

The facts of this particular case make it a poor vehicle for further review in the Supreme Court, but the holding is sufficiently problematic that ultimate review of the issue would be beneficial. First, it is not even certain that ...

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No breach where plea agreement was silent

“If we allow the State to bargain for a recommendation of a specific sentence and then let the State unilaterally recommend a consecutive sentence over and above the sentence recommendation mutually assented to, we are permitting the State to change ...

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Plea Agreement Case Analysis

As unfortunate as the decision is for Bowers, whose plea agreement was plainly breached by the State in this case, defendants in future cases may nevertheless be able to avoid the same result, even when identical facts are present. Both ...

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Chapter 980 Case Analysis

Although the court remanded this case to the circuit court for factfinding to determine whether Mark’s statements were "compelled," it is unclear what, if any, relevant facts it expects to be developed on the record, that were not already available ...

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TIS Case Analysis

In State v. Cole, 2003 WI 59, 262 Wis.2d 167, 663 N.W.2d 700, the Wisconsin Supreme Court wrote, when faced with similar mathematical difficulties presented by TIS-I: "both sides present reasonable arguments in support of their respective interpretations. On the ...

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