State v. Wayne Delaney, 2006 WI App 37 Pro se Issue/Holding: ¶7 To have his sentence modified, Delaney must overcome two hurdles. First, he must demonstrate that a new factor exists. If so, he next must demonstrate that the new factor warrants sentence modification. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether… Read more
H. Modification/Review
State v. Wayne Delaney, 2006 WI App 37 Pro se Issue/Holding: Governor Thompson’s 1994 letter to the DOC exhorting pursuit of all available remedies to block release of (pre-TIS) violent offenders reaching their mandatory release date is not a new factor: ¶9 The existence of a new factor must be shown by clear and convincing evidence. Franklin, 148… Read more
State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: Trial court’s acknowledgement that Odom had been a productive citizen but that his numerous crimes “stood in stark contrast to that past” adequately accounted for Odom’s “positive attributes,” ¶24… 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State v. Germaine M. Taylor, 2006 WI 22, affirming unpublished summary order For Taylor: Martha K. Askins, SPD, Madison Appellate Issue/Holding: TIS sentence of 18 years (12 in, 6 out) for child sexual assault, consecutive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. Gerald L. Lynch, Jr., 2006 WI App 231, PFR filed 11/6/06 For Lynch: David R. Karpe Issue: Whether the sentencing court’s reliance on a television interview of the defendant, which led the court to criticize the defendant as “self-serving” rather than remorseful, violated the due process right to be sentenced on accurate information. Holding: ¶24 We… Read more
State v. Jeris M. Moore, 2006 WI App 162 For Moore : Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶8 The issue in this case is whether the trial court erred when it denied Moore ’s motion without an in camera review of the confidential juvenile records. We conclude that the trial court should have conducted an in… Read more
State v. Chad W. Ziegler, 2006 WI App 49, PFR filed 3/13/06 For Ziegler: Kenneth P. Casey, UW Law School Issue/Holding: ¶32 We conclude that the trial court’s sentencing remarks satisfy Hall as to the reasons for the consecutive sentences and Gallion as to the reasons for the length of the sentence. As noted, the trial court engaged in a… Read more
