2021 Wisconsin Statutes & Annotations
Chapter 322 - Wisconsin code of military justice.
322.143 - Article 143 — Uniformity of interpretation.
322.143 Article 143 — Uniformity of interpretation. This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with 10 USC ch. 47.
History: 2007 a. 200; 2009 a. 179.
In reviewing sentences under s. 322.0675, a Wisconsin appellate court will apply the same deferential review it normally applies to sentencing. When it engages in appellate review under s. 322.0675, the court is to conduct appellate review as would a military appellate court, following the federal Uniform Code of Military Justice and the federal military law interpreting that code, so far as it is “practical” to do so. Applying the relevant dictionary definitions, Wisconsin appellate judges are unable to conduct the sort of independent review required by federal military law in a useful and unspeculative manner. State v. Riemer, 2017 WI App 48, 377 Wis. 2d 189, 900 N.W.2d 326, 16-0398.
