State v. Brian W. Sprang, 2004 WI App 121 For Sprang: Jefren E. Olsen, SPD, Madison Appellate Issue: Whether the prosecutor breached the plea agreement, which called for recommendation of probation but left a free hand to argue terms and conditions, by expressly referring to the possibility of treatment in a prison setting and by… Read more
A. Allocution
State v. Jesse Liukonen, 2004 WI App 157 For Liukonen: Russell L. Hanson Issue:Whether the State breached the plea agreement to cap its sentencing recommendation at a total of 17 years’ incarceration, by asserting: “the more I looked at this case, the more I heard from the victims, the more I argue today, I realize… Read more
State v. Rudolph L. Jackson, 2004 WI App 132, PFR filed 6/15/04 For Jackson: Andrea Cornwall, SPD, Milwaukee Appellate Issue: Whether the prosecutor violated an agreement not to make a specific sentencing recommendation by expressing outrage at recommendations proffered on Jackson’s behalf and by urging the court to take into account the deterrent effect of… Read more
State v. Rodney K. Stenseth, 2003 WI App 198, PFR filed 9/2/03 For Stenseth: Robert A. Ferg Issue: Whether violation of the defendant’s right to be present at resentencing (occasioned by the original sentence exceeding the maximum allowable period of confinement) is subject to harmless error analysis. Holding: ¶16. Wisconsin Stat. § 971.04(1)(g) provides that a defendant shall… Read more
State v. Rodney K. Stenseth, 2003 WI App 198, PFR filed 9/2/03 For Stenseth: Robert A. Ferg Issue/Holding: The state did not violate the plea bargain, which limited its recommended disposition to two years’ confinement plus extended supervision, by expressing agreement with some portions of the PSI (which recommended 8 years’ confinement plus supervision): ¶12… Read more
State v. John D. Williams, 2002 WI 1, affirming 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164 For Williams: John A. Pray Issue/Holding: ¶46. We must examine the entire sentencing proceeding to evaluate the prosecutor’s remarks. Upon reviewing the State’s comments in the context of the sentencing hearing, we conclude, as a… Read more
State v. Aaron O. Schreiber, 2002 WI App 75, PFR filed 3/12/02 For Schreiber: William J. Donarski Issue/Holding: “A sentencing court may consider writings and statements otherwise protected so long as there is a sufficient nexus to the defendant’s conduct and where the writings are relevant to the issues involved.” ¶16, citing Dawson v. Delaware, 503 U.S. 159… Read more
State v. Shomari L. Robinson, 2001 WI App 127, 629 N.W.2d 810, PFR filed 5/7/01 Robinson: Joseph L. Sommers Issue: Whether the trial court impermissibly limited the defense presentation at sentencing. Holding: ¶19 What remains is for us to consider whether the trial court erroneously exercised its discretion by prohibiting Robinson from presenting his “car evidence” at… Read more
