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
3. Harsh and excessive
State v. Todd W. Berggren, 2009 WI App 82, PFR filed 6/24/09 For Berggren: Robert G. LeBell Issue/Holding: Initial confinement totaling 36, and supervision of 17, years on sexual assault-related convictions wasn’t harsh and excessive: ¶48 Berggren’s sentence was not shocking, nor does it violate the judgment of reasonable people concerning what is right and proper under… Read more
State v. Anthony L. Prineas, 2009 WI App 28 For Prineas: Raymond M. Dall’Osto, Kathryn A. Keppel Issue/Holding: Prineas was convicted on 2 counts of 2nd-degree sexual assault, and acquitted on another 4; the PSI recommended 6-8 years, but he was sentenced to 10 IC, 10 ES and a concurrent 30-year term of probation; though a… 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. Jack W. Klubertanz, 2006 WI App 71, PFR filed 4/14/06 For Klubertanz: Martha K. Askins, SPD, Madison Appellate Issue: Whether attack on a sentence as harsh and excessive is limited to factors present at the time of sentencing, or may instead be based on post-sentencing events such that as in this instance a claim that… Read more
State v. Germaine M. Taylor, 2006 WI 22, affirming unpublished summary order For Taylor: Martha K. Askins, SPD, Madison Appellate Issue/Holding: TIS sentence of 18 years (12 in, 6 out) for child sexual assault, consecutive to 5 year indeterminate sentence for similar offense, was not harsh and excessive, notwithstanding PSI recommendation of 12 years (6 in, 6 out)… Read more
State v. Wallace I. Stenzel, 2004 WI App 181 For Stenzel: Martin E. Kohler Issue/Holding: ¶21. Finally, Stenzel asserts that the court erroneously exercised its discretion because the sentence is unduly harsh and unconscionable. When a defendant argues that his or her sentence is unduly harsh or excessive, we will hold that the sentencing court… Read more
State v. Richard G.B., 2003 WI App 13, PFR filed 1/13/03 For Richard G.B.: Bridget E. Boyle Issue/Holding: Sentence of 18 years for sexual assault of a child (mouth-vagina intercourse with 15 year-old niece) wasn’t harsh and excessive, measured against a maximum possible sentence of 20 years. Trial court also “articulated its reasoning for the sentence… Read more
