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
A. Allocution
State v. Dalvell Richardson, 2001 WI App 152 For Richardson: Richard D. Martin, SPD, Milwaukee Appellate Issue: Whether the prosecutor breached a plea agreement “to leave the length of the incarceration entirely up to the Court, [without] any specific numerical type of recommendation” with allocution that clearly implied a request for a lengthy term. Holding… Read more
State v. James C. Lindsey, 203 Wis. 2d 423, 554 N.W.2d 215 (Ct. App. 1996) For Lindsey: Park M. Drescher Issue/Holding: It is undisputed that the trial court at the sentencing hearing erred when it did not afford Lindsey the right of allocution provided by § 972.14(2), Stats. …First, we conclude that because § 972.14(2)… Read more
