WI: Wisconsin Supreme Court considers dispute over ‘repeat offender’ law

Source: captimes.com 10/20/22

The Wisconsin Supreme Court heard oral arguments last week in a case challenging the state’s interpretation of its repeat offender law as it pertains to crimes including sex offenses.

At issue is whether multiple convictions stemming from the same criminal complaint warrant classifying someone as a repeat offender. The state argues that should be the case.

Its argument relies heavily on a 2017 legal interpretation, issued by then-Attorney General Brad Schimel, of a 2006 state law requiring the state Department of Corrections to place certain sex offenders on lifetime GPS tracking.

Under the 2006 law, the DOC is required to use GPS tracking to monitor people who have been:

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One arrest makes someone a repeat offender?! What mental contortions are necessary for that to make sense?

Stacking charges is nothing new. DAs have been doing i for years and will never stop. It has nothing to do with justice, victims, or fairness. It’s all about fluffing their resumes with more convictions and sentenced years. It’s a crying shame that many judges have the same attitude.

And I still say that if this particular prosecutor believes those depicted in CP images are re-victimized every time that media is seen, then he should be charging himself, everyone on his staff, all involved LE officers, and all judges and jury members for child abuse as well.

Last edited 7 months ago by Dustin

So if I go grocery shopping and I buy more than one item, does that make me a repeat shopper? This makes about as much sense as the interpretation of that law. If one gets pulled over while driving and the cop issues several citations, that does not make someone a repeat offender, so why should a criminal case be any different. Oh, wait, its because its a sex crime. Forgot about that. My bad.

Go get them Corey! Like I mentioned on this forum last week, I got word from a WI DOC official that someone was taking another crack at the gps case. This time, they did it the right way by separating the cp multiple count plaintiffs from other cases. Unlike Corey, I didn’t get a PSI report suggesting that I register for 15 years. It was agreed upon at my sentencing hearing—by both my lawyer and prosecutor! It’s in the transcripts. Although the Wisconsin Supreme Court is stacked with conservatives, this challenge sounds promising because you have a very conservative justice, Brian Hagedorn, who sees through the BS. He tells the Asst Attorney general that “your position is wrong” The statue makes no sense if you read it in plain English. Then you have Jill Karofsky making some bogus argument about calling out different cases or holding plea hearings on 3 convictions at the same time. Lame! Like Corey’s lawyer said, “one proceeding, one conviction.” It’s that simple, lady! BTW, Karofsky was heavily backed by the Democratic Party establishment when she ran for WI Supreme Court. Her opponent hit her hard with TV ads reminding voters that she struck a plea deal with a man who sexually assaulted a minor and received no jail time. I think Karofsky is trying to seek penance for her “sins.” But if Hagedorn can persuade his colleagues to his side, I see a win out of this. It would be nice to be off lifetime, and revert back to 15 years. Peace to my registrant family.

Semantics! Oy vey…what they are trying to say is this would be akin to someone using a revolver to kill someone six times with six different bullets even if it was only one bullet that did it (with five attempted murder bullets) or it was a combination of the six which did it.

I’m glad to hear that somebody else is taking a stab at this case. I was one of the original eight on the GPS lawsuit brought forth by Mark Weinberg. Which of course failed in the 7th circuit Court of appeals.I also was busted with 10 counts of possession of CP. Sentinced to three in, three out with 15 years to register after completion of my sentence. But of course now I am lifetime GPS and lifetime registry. I just had another new GPS put on my ankle after the previous one failed after 16 days. I am on my 7th unit this year. I had a new one put on my ankle in February, june, july, august, september, and now October. with the units costing over $1,000 a piece for the state and the state charge me $240 a month, taxpayers are getting their money was worth huh? Time for this Insanity to end!

Required GPS monitoring by law. How nice for the purveyors of the monitoring device. I wonder if any reciprocity is in play here. Firms never use political donations to enable rent seeking behavior.. Right?!
Wrong, firms do routinely attempt to garner favorable guarantees from lawmakers. That is lobbying in a nutshell.

Funny – I entered just one plea agreement in my case and it applied to all the counts charged against me.

If they are going to now say that these were all separate convictions, then I’d like to withdraw my plea and do things again with a separate plea to each count.

When my case was going through court I was told that all my counts had to be handled together – that only one plea could be entered and that it would apply to all the counts.

Now they’re trying to change the rules and say that these were all separate convictions? Even though I only have ONE order of conviction entered by the court.

I think it would be a hoot if every defendant demanded a separate trial for each count should this be decided in favor of the state. After all, if they are contending that each constitutes a separate conviction then they should have to prove each count at a separate trial. Pretty much would grind the courts to a standstill.

If this case is ruled against the state, it would mean that my registration would end in 15 years from conviction instead of lifetime. They changed the rules to make it lifetime using this bogus multiple conviction argument after I was sentenced, and it would be great to see that rolled back.

Brian Hagedorn is often a thorn in the conservatives side, but this is one of those cases where you don’t know which way anyone will vote until it’s over.

My fear is that the state will win and then try and use it to put everyone with multiple counts on a GPS monitor, even those convicted & released from prison before that law went into effect.

This is more blatant examples of our department of corruption doing what it does best.. violate the rights of those of us who do not have the money to defend ourselves!
I was charged in 2006 with pos. of cp and convicted on 2009 of 3 counts. I went to prison, then completed probation in 2018 was free had the device removed. In Feb. 2022 i received a letter stating I must submit to lifetime GPS or be charged with a felony for violating’s sorp. After consulting with a dozen or so attorneys including one who brought this challenge to the courts I was told it would cost 10-30K $$ to review my case! Or I can refuse and deal with the consequences or move out of state!

Why is it acceptable to apply changes ex post facto only to so’s?

I have never raped or molested anyone, never stalked, kidnapped or traveled to meet a minor. Have never taken advantage of drunk or drugged women, I don’t even look at porn! The images I was charged with only existed in my temporary internet folder and we’re never viewed or accessed as my defense expert was able to prove but not willing to provide to the court unless I payed him 10k plus another 5k per day if the case went to trial!

I have a beautiful and loving girlfriend and am the legal guardian of my mother and will likely soon take similar responsibility of my father, moving out of state is possible but very difficult. How am I supposed to fight this crap!

Charging someone as a repeat offender for something like having 3 CP images makes about as much sense as charging someone with 3 counts of murder for firing 3 shots at someone.

I was convicted of two sex offenses in 1998 in the state of Texas stemming from one incident. It is a common practice for prosecutors to split charges. I have long since served and discharged my sentence and my only requirement was to register as a sex offender. I moved from Texas to Wisconsin March 2018. 7 months later in October 2018 I received a letter advising me I would be required to wear a lifetime ankle monitor because I have two prior convictions. In the state of Texas I was listed as a level 1 low risk. I received no day in court or risk assessment in the state of Wisconsin. This should be in direct violation of my 5th and 14th Amendment lack of due process. Because of the statute I am considered a habitual repeat offender. The state of Wisconsin also does not consider the ankle monitor as punishment or punitive. I have been Shackled with the ankle monitor four and a half years and pay $50 a month. I have never considered the ankle monitor to be a wardrobe accessory and I could definitely use $50 a month more productively.