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
H. Modification/Review
court of appeals decision (3-judge; not recommended for publication) Machner Hearing Postconviction motion conclusory, didn’t require Machner hearing on effective assistance. Recusal Judicial comments reflecting attempt to get Jackson to tell truth in connection with asserted problems with lawyer didn’t establish judicial bias. Sentencing Sentence taking into account primary factors and much less than maximum… Read more
court of appeals decision (3-judge; not recommended for publication); BiC; Resp. Br. “Booking Exception” to Miranda Questioning to determine Pugh’s “true identity” fell within “booking exception.” Sentencing Discretion Sentence upheld where “well within maximum” and addressed “the three primary factors.”… Read more
court of appeals decision (3-judge); Resp Br; Reply Sentencing Discretion Sentencing court’s giving “public protection factor” “paramount” consideration proper exercise of discretion… Read more
court of appeals decision; for Haywood: Robert E. Haney Battery to Peace Officer, § 940.20(2), Elements It is no defense to battery-to-officer that the officer refused to leave the premises when the resident withdrew consent to enter, because acting “lawfully” is not an element of the offense: “a law-enforcement officer need not be acting ‘lawfully’ for… Read more
State v. Lord L. Sturdivant, 2009 WI App 5, PFR filed 1/13/09 For Sturdivant: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: The initial sentence was “illegal” (because the court did not order sufficient time on extended supervision). The court granted defendant’s motion for resentencing (because of the illegality) and ordered an increase in supervision time (rather than… 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. 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
