Using 28 U.S.C. § 2241 To Challenge an ACCA Sentence

Attorney Catherine E. WhitePhone: 608-257-0945Email: cwhite@hurleyburish.com A federal conviction for being in unlawful possession of a firearm, in violation of 18 U.S.C. § 922(g), usually carries a 10-year maximum sentence. But under the Armed Career Criminal Act (ACCA), the defendant is instead subject to a 15-year mandatory minimum sentence, with a maximum possible sentence of […]

Read More…

New Department of Corrections Interpretation of Sex Offender Registry Statute Now Requires Thousands of Individuals to Register as Sex Offenders For Life.

Attorney Marcus Berghahn Phone: 608-257-0945 Email: mberghahn@hurleyburish.com Wisconsin law provides that an individual who has been convicted of a “sex offense” must register as a sex offender. A qualifying “sex offense” is defined in Wis. Stat. § 301.45(1d)(b). Unless the individual was convicted of the most serious offenses or was found to be a sexually […]

Read More…

An Expunged OWI Counts for Purposes of Determining Penalties for Subsequent OWIs

Attorney Sarah SchuchardtPhone: 608-257-0945Email: sschucardt@hurleyburish.com The Wisconsin Supreme Court issued a unanimous ruling on December 21, 2018 in State of Wisconsin v. Justin A. Braunschweig, 2018 WI 113, that a prior expunged OWI must be counted when determining penalties for subsequent OWIs.  State of Wisconsin v. Justin A. Braunschweig, 2018 WI 113, ¶ 2.  The […]

Read More…

Wisconsin Supreme Court Permits Warrantless Taking of Blood from an Unconscious Driver

By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hurleyburish.com Attorney Marcus Berghahn was interviewed on Wisconsin Public Radio’s Central Waters program about the Wisconsin Supreme Court’s decision.  Listen to the discussion here:  https://www.wpr.org/state-supreme-court-says-police-can-draw-blood-unconscious-drunken-drivers On July 3, 2018, the Wisconsin Supreme Court held in State v. Mitchell, 2018 WI 84, that police  could take blood […]

Read More…

Wisconsin Supreme Court Decides Handgun Case

If Transporting a Handgun in an Automobile, You Should Have a Concealed Carry Permit to Avoid Criminal Liability By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hbslawfirm.com We previously wrote about a case in the Wisconsin Supreme Court dealing with the conflict of two statutes that address the carrying of a firearm in an […]

Read More…

Governor Walker Signs Important Revision to Wisconsin’s Asset Forfeiture Statutes Into Law Restoring Balance Between the Power of State and Rights of Its Citizens

By: Attorney Marcus J. Berghahn Phone: (608) 257-0945 Email: mberghahn@hbslawfirm.com On April 3, 2018, Governor Walker signed 2017 Wisconsin Act 211, a bill that changes the rules the State has to follow when it seeks to forfeit property after it has been seized in relation to a crime. The Act significantly changes Wis. Stat. § […]

Read More…

Every Day Matters:  What constitutes “a day” for jail credit purposes?

By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com One of the more inconsistent practices of circuit courts in criminal sentencing hearings over the years has been the calculation of jail credit earned by a defendant prior to the sentencing hearing.  Depending on the jurisdiction, or even sometimes the […]

Read More…

Important Changes to CCAP Relating to Criminal Cases: Acquitted and Dismissed Cases Will Be Removed from CCAP Two Years after the Disposition

Author: Attorney Marcus J. Berghahn Email: mberghahn@hbslawfirm.com Phone: 608-257-0945 The Director of State Courts, Randy Koschnick, announced that he will implement recommendations made by a study committee regarding the length of time certain case information is publicly available on CCAP. When the changes are implemented, those cases in which criminal charges are dismissed or which […]

Read More…

What Constitutes Sufficient Proof of a Prior OWI Offense?

By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com   Prior OWI convictions are not elements of subsequent OWI offenses; however, these prior convictions are used at sentencing in order to determine the penalties for the present offense. The State has the burden of proving convictions for prior OWI […]

Read More…