Wood County judge's ruling reversed in sex offender registry case

This case is proof that a defense lawyer must research before allowing a defendant to plead guilty. Appellate court decision is HERE

5-27-2011 Wisconsin:

A state appellate court reversed a ruling by a Wood County judge, as the appeals court ruled a defendant had been "inappropriately incarcerated for a substantial period of time."

Yancy D. Freland, 37, of Wisconsin Rapids, pleaded guilty Aug. 6, 2007, to failure to register as a sex offender. The charge Freland pleaded to and was found guilty of was a felony. A year later, Wood County Circuit Judge Greg Potter sentenced Freland to two years in prison when he violated his probation, according to court documents.

Freland was convicted of a misdemeanor charge of sexual misconduct in Minnesota, according to an opinion released Thursday by the District VI Court of Appeals. He wasn't aware the Wisconsin charge of violating sex offender registry rules could have been charged as a misdemeanor.

When Freland learned about the misdemeanor option of charging, he filed an appeal to the case. Potter denied the appeal, and it went to appellate court.

In the opinion, judges said Freland wasn't properly informed of his options when he entered his guilty plea and could withdraw it. If Freland had been convicted of the misdemeanor charge, the maximum penalty would have been nine months. He served more than a year before he was set free.

The appellate court ordered Potter to conclude the case with "great dispatch." ..Source.. by Wisconsin Rapids Tribune

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Sex offender's conviction for failure to register overturned

Important here is, that the new neighbor reported him (found in the appeal) and is the one who started this entire mess. So much for him having good neighbors in his new home, at very least the new neighbor should have checked her facts before saying anything; she didn't.

11-10-2010 Nebraska:

LINCOLN — The Nebraska Court of Appeals questioned state law Tuesday while overturning a sex offender's conviction for failing to register after moving.

The court ruled there was not enough evidence to show that Richard Frey, also known as Richard Kouma, had changed his address.

But the court also said the state sex offender law does not define what constitutes an address change.

The definition matters because, under state law, sex offenders must register with the county sheriff within a certain number of days of making an address change or face a potential felony charge.

At the time Frey, 57, was charged, the requirement was to register within five working days after making the change. Current law requires registration within three working days before the change.

“The State, the defense and this court ... all agree that some guidance from the Legislature concerning this important undefined term would be beneficial for future cases,” the court said.

Attorney General Jon Bruning, who represented the state in the case, did not return messages seeking comment.

Frey was charged with failing to register within five working days after moving from Seward to Utica.

According to the appeals court ruling, Frey registered the Utica address with authorities Feb. 22, 2008. He would have met the requirements of the law if he had moved Feb. 15 or later.

Witnesses at his trial offered varying dates for various steps in the moving process.

The sheriff's deputy who arrested Frey did so based on the date that Frey's wife had paid a utility deposit for the Utica home. The deposit was paid Feb. 12.

A neighbor in Utica testified she had seen people carrying belongings into the house around Feb. 9 and saw lights on and unfamiliar cars in the driveway during the next two weeks.

But she acknowledged that she did not know if Frey had moved any belongings into the home. Nor did she know who was paying rent, living in the home, receiving mail there or driving any of the vehicles seen there.

Frey's wife testified that Frey had not spent the night in Utica before Feb. 18. She also said the couple had gone to the Sheriff's Office on Feb. 16, a Saturday, in an attempt to register. ..Source.. by Martha Stoddard
WORLD-HERALD BUREAU

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