Brown v. Plata, USSC No. 09-1233, 5/23/11 Remedial injunction, issued by a federal court pursuant to the PLRA, ordering California to reduce its prison population on account of deficiencies in medical care caused by overcrowding, upheld. Lengthy, 5-4 opinion (91 pp. pdf file) on something (“conditions of confinement”) outside the boundaries of SPD representation: why… Read more
6. New factor
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State v. Shantell T. Harbor, 2011 WI 28, affirming unpublished decision; for Harbor: Joseph E. Redding; case activity Sentence Modification – New Factor The “new factor” test for sentence modification has split into “two divergent lines of cases”: Rosado v. State, 70 Wis. 2d 280, 288, 234 N.W.2d 69 (1975) (fact(s) highly relevant to, but not brought out at, sentencing… Read more
decision below: unpublished; for Harbor: Joseph E. Redding; court of appeals briefs: BiC; Resp.; Reply Issues (from Table of Pending Cases): Whether a defendant presented a new factor entitling sentence modification (See State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether a defendant demonstrated ineffective assistance of counsel under Strickland v… Read more
State v. Michael J. Grabowski, No. 2009AP2118-CR, District I, 7/7/10 court of appeals decision (3-judge; not recommended for publication); for Grabowski: Jamie F. Wiemer; BiC; Resp.; Reply Sentencing – Accurate Information ¶5 Grabowski argues that the circuit court sentenced him based on inaccurate information. A defendant claiming that a sentencing court relied on inaccurate information must… Read more
court of appeals decision; pro se; Resp. Br. Sentence Modification – DNA Surcharge ¶2 Singleton was sentenced on July 24, 2002, and the circuit court ordered, as a condition of his bifurcated sentence, that Singleton provide a DNA sample and pay the applicable surcharge.[1] Singleton’s sole challenge is made via a motion to modify his… Read more
State v. Jeremy D. Schladweiler, 2009 WI App 177 Pro se Issue/Holding: DOC determination that an inmate isn’t eligible for CIP doesn’t constitute a new factor, notwithstanding the sentencing court’s determination that he is eligible. ¶11 Here, the trial court determined that Schladweiler was eligible for the CIP. … The sentencing court expressly indicated that participation… Read more
State v. Lorenzo Wood, 2007 WI App 190, PFR filed 8/16/07 For Wood: Michael D. Kaiser Issue/Holding: The governor’s 1994 letter exhorting bureaucratic opposition to (pre-TIS) parole for certain crimes was not a new factor, even though the sentencing court expressly took into consideration DOC data purporting to show the likely chance of parole: ¶11 We held… Read more
