≡ Menu

C. Factors

State v. David S. Leighton, 2000 WI App 156, 237 Wis.2d 709, 616 N.W.2d 126 For Leighton: Daniel Snyder Issue/Holding: In setting parole eligibility date trial court need not separately refer to primary factors used in imposing sentence. ¶¶52-53… Read more

{ 0 comments }

State v. Yolanda M. Spears, 227 Wis.2d 495, 596 N.W.2d 375 (1999), affirming State v. Spears, 220 Wis.2d 720, 585 N.W.2d 161 (Ct. App. 1998) For Spears: Richard D. Martin. SPD, Milwaukee Appellate Issue/Holding: Spears killed the “victim” (Young) after he assaulted her and took her purse. She entered an Alford plea to a homicide charge. At sentencing… Read more

{ 0 comments }

State v. Richard D. Yakes, 226 Wis.2d 425, 595 N.W.2d 108 (Ct. App. 1999) Holding: Defendant’s adultery, failure to pay child support, and status as a bankrupt “were all appropriate factors relating to Yakes’ character and personal history.”… Read more

{ 0 comments }

State v. Wayne R. Anderson, 222 Wis. 2d 403, 588 N.W.2d 75 (Ct. App. 1998) For Anderson: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: A PSI represents an important source of guidance for a trial court in a sentencing proceeding. A sentencing constitutes a critical phase of a criminal proceeding. And, in a case involving… Read more

{ 0 comments }

State v. Crystal L. Bizzle, 222 Wis. 2d 100, 585 N.W. 899 (Ct. App. 1998) For Bizzle: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: Bizzle argues that the sentencing court erred in concluding that she required extensive rehabilitation. … First, her successful completion of an educational program, after sentencing, is not evidence that the court… Read more

{ 0 comments }

Sentencing – Factors: Seriousness of Offense

State v. Pablo Cruz Santana, 220 Wis. 2d 674, 584 N.W.2d 151 (Ct. App. 1998) For Santana: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: In passing sentence, the trial court addressed each of the primary factors, but chiefly relied on the seriousness of the offense and its continuing impact on the victim. … Santana claims… Read more

{ 0 comments }

State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Requiring any defendant to demonstrate that the marital relationship actually influenced the writer’s impressions and recommendations would present an insurmountable hurdle to any defendant attempting to challenge a PSI. The reasons… Read more

{ 0 comments }

State v. David W. Suchocki, 208 Wis. 2d 509, 561 N.W.2d 332 (Ct. App. 1997) For Suchocki: Martha A. Askins, SPD, Madison Appellate Issue/Holding: Our supreme court has acknowledged the importance of the PSI to the sentencing process. See State v. McQuay, 154 Wis.2d 116, 130-31, 452 N.W.2d 377, 383 (1990). The integrity of the sentencing… Read more

{ 0 comments }
RSS