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
C. Factors
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
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
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
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
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
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
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