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35. Sentencing

State v. Richard H. Harrison Jr., , 2017AP2440-2441-CR, 3/21/19, District 4, (not recommended for publication);case activity(including briefs) This post requires some concentration. Harrison was sentenced to 3 years IC (Initial Confinement) and 3 years ES (Extended Supervision) in a 2007 case and a 2008 case. In an unrelated 2010 case he was sentenced to 13… Read More

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Randall Mathena, Warden v. Lee Boyd Malvo, USSC No. 18-217, certiorari granted 3/18/19 Question presented: Montgomery v. Alabama, 136 S. Ct. 718 (2016)), held that the new constitutional rule announced in Miller v. Alabama, 567 U.S. 460 (2012), applies retroactively to cases on collateral review. Did the the Fourth Circuit Court of Appeals err in… Read More

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Kahler v. Kansas, USSC No. 18-6135, certiorari granted 3/18/10 Question presented: Do the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense? Decision below; USSC docket; Scotusblog page As Scotusblog explains, Kahler was convicted of killing his, wife, kids, and his wife’s grandmother, and he was sentenced to death. His lawyers argued… Read More

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State v. Zachary S. Friedlander, 2019 WI 22, 3/12/19, reversing an unpublished court of appeals decision; case activity (including briefs) State v. Magnuson, 2000 WI 19, 233 Wis. 2d 40, 606 N.W.2d 536, laid down a bright-line rule for determining whether a person was in “custody” for purposes of earning sentence credit. The supreme court… Read More

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State v. Marshawn Terell Johnson, 2017AP2445-CR, District 3, 3/19/19 (not recommended for publication); case activity (including briefs) In sentencing Johnson for possession of heroin with intent to delivery, the circuit court remarked that he’d traveled to Superior from Chicago to commit his crime. The sentencing court’s consideration of that fact did not violate the Privileges… Read More

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Sentencing challenges rejected

State v. Angela L. Staten, 2018AP1506-CR, District 1, 3/19/19 (not recommended for publication); case activity (including briefs) Staten and her two co-defendants engaged in a course of tax fraud that netted them over $200,000 in tax refunds that didn’t belong to them. Staten, the first of the three sentenced, argues that her sentence was unduly… Read More

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Timbs v. Indiana, USSC No. 17-1091, February 20, 2019, reversing State v. Timbs, 84 N.E.3d 1179 (Ind. 2017); Scotusblog page (including links to briefs and commentary) “The question presented: Is the Eighth Amendment’s Excessive Fines Clause an ‘incorporated’ protection applicable to the States under the Fourteenth Amendment’s Due Process Clause?” The answer: Yes. Like the Eighth… Read More

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State v. Ashlee A. Martinson, 2017AP1889-CR, District 3, 2/20/19 (not recommended for publication); case activity (including briefs) Martinson was charged with two counts of first-degree intentional homicide for killing her mother and stepfather. She pled to second-degree intentional homicide based on her claim of adequate provocation, which is premised on a complete lack of self-control… Read More

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