3. Harsh and excessive

State v. Aaron O. Schreiber, 2002 WI App 75, PFR filed 3/12/02 For Schreiber: William J. Donarski Issue/Holding: The sentencing court properly considered the three primary sentencing factors — gravity of offense, defendant’s character, need to protect public — and the weight assigned each is delegated primarily to the trial court. (Schreiber’s argument that the sentencing… Read more

State v. Michael A. Grindemann,  2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: A sentence well within the maximum (here, 44 years out of a possible 110) is presumptively not unduly harsh. ¶¶29-33… Read more

State v. Kirk J. Bergquist, 2002 WI App 39 For Berhquist: Steven H. Gibbs Issue: Whether the state’s refusal to return guns valued at between $5000 and $7,150, following conviction for disorderly conduct, violated the Eighth Amendment Excessive Fines Clause. Holding: ¶8. Although the term “forfeiture” does not appear in this statute, our supreme court has… Read more

State v. Curtis E. Gallion, 2004 WI 42, affirming 2002 WI App 265, 258 Wis. 2d 473, 654 N.W.2d 446 For Gallion: Randall E. Paulson, SPD, Milwaukee Appellate Amici: Robert R. Henak, WACDL; Walter J. Dickey, et al., UW Law School Issue/Holding: Subsequent legislative reclassification of offense, which substantially reduced maximum penalty, didn’t make Gallion’s sentence harsh and… Read more

State v. David J. Gardner, 230 Wis. 2d 32, 601 N.W.2d 670 (Ct. App. 1999) For Gardner: Steven P. Weiss, SPD, Madison Appellate Gardner’s 30-year sentence is upheld as a proper exercise of discretion… Read more

Scott A. Magnuson, 220 Wis. 2d 468, 583 N.W.2d 843 (Ct. App. 1998) For Magnuson: T. Gregory Amann Issue/Holding: We conclude that Magnuson is judicially estopped from asserting that the two twelve-year concurrent sentences are excessive. Although Magnuson contends he did not agree to the recommended sentence, the record belies his claim. Magnuson’s probation officer… Read more