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H. Modification/Review

State v. Shawn A. Anderson, 2019AP173-CR, District 3, 11/13/19 (not recommended for publication); case activity (including briefs) The circuit court’s sentencing remarks considered in their entirety showed the court properly exercised its discretion in ordering Anderson to be subject to lifetime supervision under § 939.615. Anderson was charged with and convicted of child sexual assault… Read More

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State v. Vaylan G. Morris, 2018AP1694-CR, Distrct 1, 10/1/19 (not recommended for publication); case activity (including briefs) O.M., an infant, died while c0-sleeping with Morris and her mom. Morris admitted that he may have rolled over onto her and pled guilty to 2nd degree recklessly endangering safety, party to a crime, At sentencing, the State… Read More

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State v. Dominique M. Anwar, 2018AP2222-CR, 6/25/19, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) The court of appeals rejects Anwar’s arguments that she’s entitled to resentencing because the State offered certain information at her sentencing hearing without first disclosing the information and giving her notice it would use the information. Anwar… Read More

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State v. Dustin M. Yanda, 2018AP412-CR, District 3, 6/18/19 (not recommended for publication); case activity (including briefs) In State v. Harbor, 2011 WI 28, 333 Wis. 2d 53, 797 N.W.2d 828, the supreme court held that a defendant seeking a “new factor” sentence modification doesn’t need to prove that the new factor “frustrates the purpose”… Read More

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McKinney v. Arizona, USSC No. 18-1109, certiorari granted 6/10/19 Questions presented: 1. Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sentence is warranted 2. Whether the correction of error under Eddings v. Oklahoma, 455 U.S. 104 (1982), requires resentencing. Decision below… Read More

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Holguin-Hernandez v. United States, USSC No. 18-7739, cert granted 5/30/19 Question presented: Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant’s sentence. USSC docket; SCOTUSblog page (including links to briefs and commentary) In the 5th Circuit, counsel must object to the sentence after… Read More

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State v. Carrie E. Counihan, 2017AP2265-CR, petition for review granted 5/14/19, and State v. Donavinn Coffee, 2017AP2292-CR, petition for review granted 5/14/19; case activity (Counihan; Coffee) Issues: Does a defendant forfeit his right to challenge a judge’s consideration of information at sentencing by failing to object to the information at the time of sentencing? If trial… Read More

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How to argue with the COMPAS Algorithm

Looks like NYU Professor Ann Washington has done the hard work for you. Her new article, How to Argue With an Algorithm: Lessons from the Compass-ProPublica Debate, strives to inform courtroom arguments over the integrity of algorithms used to predict risk during the sentencing process… Read More

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