court of appeals decision (not recommended for publication); for Linssen: Thomas C. Simon; case activity Sentence Review – Harsh & Excessive Sentence to maximum term of confinement for felony theft and forgery wasn’t harsh and excessive, notwithstanding lack of prior criminal record. ¶23 Linssen has failed to provide clear and convincing evidence that the sentencing court… Read more
3. Harsh and excessive
DOC v. Warren Lilly, Jr., 2011 WI App 123 (recommended for publication); case activity ¶2 The primary issues we address on this appeal and their resolution are as follows: I. In light of Saenz, what is the correct legal standard for the showing DOC must make to obtain a court order continuing to authorize the forced feeding of… Read more
seventh circuit decision Cruel and Unusual Punishment – Prison Inmates, Denial of Treatment for Gender Identity Disorder Section 302.386(5m) (2010), which categorically bars hormonal therapy or sexual reassignment surgery to prison inmates, violates the 8th amendment. “Prison officials violate the Eighth Amendment’s proscription against cruel and unusual punishment when they display ‘deliberate indifference to serious medical needs of prisoners.’… Read more
State v. David A. Reeves, 2010AP1590-CR, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Reeves: Anthony J. Jurek; case activity Maximum sentence for obstructing (9 months) upheld against argument it was a) harsh and excessive; b) based on improper factors. State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197… Read more
State v. Omer Ninham, 2011 WI 33, affirming, 2009 WI App 64; for Ninham: Frank M. Tuerkheimer, Bryan Stevenson; amici: Byron C. Lichstein, Robert R. Henak, G. Michael Halfenger, et al.; case activity Sentencing – Life without Parole for Juveniles – Cruel and Unusual Punishment Sentence of life without parole imposed on juvenile (Ninham was… Read more
State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11 court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise… Read more
State v. Seneca Joseph Boykin, 2009AP2499-CR, District 2, 9/22/10 court of appeals decision (3-judge, not recommended for publication); for Boykin: Mark A. Schoenfeldt; BiC; Resp. A probation agent may not evade the warrant requirement by acting as a “stalking horse” for the police in conducting a warrantless search of a probationer’s residence, ¶10. In this instance, probation… Read more
Graham v. Florida, USSC No. 08-7412, 5/17/10 In sum, penological theory is not adequate to justify life without parole for juvenile nonhomicide offenders. This determination; the limited culpability of juvenile nonhomicide offenders; and the severity of life without parole sentences all lead to the conclusion that the sentencing practice under consideration is cruel and unusual… Read more
