Loomis v. Wisconsin

Pending petition

Issue: (1) Whether it is a violation of a defendant's constitutional right to due process for a trial court to rely on the risk assessment results provided by a proprietary risk assessment instrument such as the Correctional Offender Management Profiling for Alternative Sanctions at sentencing because the proprietary nature of COMPAS prevents a defendant from challenging the accuracy and scientific validity of the risk assessment; and (2) whether it is a violation of a defendant's constitutional right to due process for a trial court to rely on such risk assessment results at sentencing because COMPAS assessments take gender and race into account in formulating the risk assessment.