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State v. Loomis

Wisconsin Supreme Court
881 N.W.2d 749 (2016)


Eric Loomis (defendant) was given the maximum sentence for two charges related to a drive-by shooting. The sentencing judge used a Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) risk assessment contained in the Presentence Investigation Report (PSI) as one factor in determining to give Loomis the maximum sentence with no probation. The COMPAS risk assessment is a tool designed to assess the level of risk that a criminal defendant will reoffend. To calculate risk, COMPAS uses mostly static information about the criminal defendant from his criminal history and his answers to questions for the PSI, mixed with some dynamic variables based on statistical data. The tool ranks the defendant’s level of risk of recidivism on scale of one to 10, but it does not provide detail on exactly how the score is calculated. COMPAS indicated that Loomis was a high risk for recidivism. Loomis filed a motion for a new sentencing hearing, alleging a due-process violation. The motion was denied, and Loomis appealed to the Wisconsin Supreme Court.

Rule of Law


Holding and Reasoning (Bradley, J.)

Concurrence (Abrahamson, J.)

Concurrence (Roggensack, C.J.)

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