State v. Lorenzo Wood, 2007 WI App 190, PFR filed 8/16/07 For Wood: Michael D. Kaiser Issue/Holding: ¶6 “When a resentencing is required for any reason, the initial sentence is a nullity; it ceases to exist.” Carter, 208 Wis. 2d at 154. In resentencing “the court imposes a new sentence after the initial sentence has been held… Read more
Published 2007
State v. Lorenzo Wood, 2007 WI App 190, PFR filed 8/16/07 For Wood: Michael D. Kaiser Issue/Holding: ¶7 Counsel for Wood points out that published opinions have been somewhat imprecise in distinguishing between the requirements for, and effect of, sentence modification as opposed to resentencing. We acknowledge that language has, on occasion, been imprecise. … …… Read more
State v. Lorenzo Wood, 2007 WI App 190, PFR filed 8/16/07 For Wood: Michael D. Kaiser Issue/Holding: The governor’s 1994 letter exhorting bureaucratic opposition to (pre-TIS) parole for certain crimes was not a new factor, even though the sentencing court expressly took into consideration DOC data purporting to show the likely chance of parole: ¶11 We held… Read more
State v. Lorenzo Wood, 2007 WI App 190, PFR filed 8/16/07 For Wood: Michael D. Kaiser Issue/Holding: ¶5 A new factor, as defined in Rosado v. State, 70 Wis. 2d 280, 288, 234 N.W.2d 69 (1975), is a fact or set of facts highly relevant to the imposition of sentence, but not known to the trial… Read more
State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: Sentence of 13 years (3 IC; 10 ES) for sexual contact was not harsh and excessive, notwithstanding closeness in age between defendant and underage victim: ¶12 As to excessiveness, Thexton notes that he was close in age to the… Read more
State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: The sentencing court satisfied Gallion’s required linkage: ¶11 … Here, the court explained that it did not consider Thexton’s conduct so serious that it required Thexton to be incarcerated for the length of time that might be appropriate for other… Read more
State v. Jennifer Wery, 2007 WI App 169 For Wery: Elizabeth Ewald-Herrick Issue/Holding: ¶17 Wery’s counsel’s failure to object did not constitute deficient performance. Deficient performance is limited to situations where the law or duty is clear such that reasonable counsel should know enough to raise the issue. State v. McMahon, 186 Wis. 2d 68, 85… Read more
State ex rel. Clayborn L. Walker v. Frank, 2007 WI App 142, PFR filed 6/1/07 For Walker: Amelia L. Bizzaro Issue: Whether counsel deficiently advised Walker to waive ES revocation, in that counsel determined that investigation of alternatives to revocation would be futile. Holding: ¶14 Dudley’s decision to advise Walker to waive the revocation hearing… Read more
