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
H. Modification/Review
State v. David A. Reeves, 2010AP1590-CR, District 4, 6/23/11 court of appeals decision (1-judge, not for publication); for Reeves: Anthony J. Jurek; case activity Maximum sentence for obstructing (9 months) upheld against argument it was a) harsh and excessive; b) based on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State v. Dustin M. Przybylski, 2011AP1-CR, District 2, 6/1/11 court of appeals decision (1-judge, not for publication); for Przybylski: Michael S. Holzman; case activity OWI sentence consecutive to unrelated 15-year sentence upheld, despite joint recommendations of concurrent time, against argument it was fashioned mechanistically rather than as exercise of discretion, State v. Martin, 100 Wis. 2d 326, 302 N.W.2d 58 (Ct. App… Read more
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
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State v. Shantell T. Harbor, 2011 WI 28, affirming unpublished decision; for Harbor: Joseph E. Redding; case activity Sentence Modification – New Factor The “new factor” test for sentence modification has split into “two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
State v. Thomas J. Hoffman, 2010AP1327-CR, District 2, 3/30/11 court of appeals decision (1-judge, not for publication); for Hoffman: Kathleen A. Lindgren; case activity Hoffman’s challenge to the length of his sentence became moot once he had fully served it. ¶6 At the outset, the State contends that Hoffman’s appeal is moot; he has served… 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
