Questions presented: Whether the Eighth Amendment requires that a capital-sentencing jury be affirmatively instructed that mitigating circumstances “need not be proven beyond a reasonable doubt,” as the Kansas Supreme Court held here, or instead whether the Eighth Amendment is satisfied by instructions that, in context, make clear that each juror must individually assess and weigh any… Read more
36. Sentencing
Questions Presented: 1) Did the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), adopt a new substantive rule that applies retroactively on collateral review to people sentenced as juveniles to life in prison without parole? 2) Does the Supreme Court have jurisdiction to decide whether the Supreme Court of Louisiana… Read more
Question presented: Whether Florida’s death sentencing scheme violates the Sixth Amendment or the Eighth Amendment in light of this Court’s decision in Ring v. Arizona, 536 U.S. 584 (2002). Lower court decision: Hurst v. State, 147 So.3d 435 (Fla. 2014) Docket Scotusblog page Because this is a death penalty case, the decision in this case will… Read more
State v. Richard J. Nelson, 2014AP1794-CR, District 3, 2/24/15 (one-judge decision; ineligible for publication); case activity (including briefs) While the victim’s injuries could have been caused by the alleged conduct for which Nelson was acquitted, they could also have been the result of the conduct for which Nelson was convicted. Thus, there was a basis for finding a… Read more
State v. Johnny E. Miller, 2014AP1392-CR, 2/18/05, District 2 (1-judge opinion, ineligible for publication); case activity Miller argued that the State breached its plea agreement with him when, at sentencing, it recommended that he be eligible for the Earned Release Program only after he served a specified period of prison time. The State, he claimed… Read more
State v. Travis Deon Williams, 2014AP2064-CR, 2014AP2065-CR, 2014AP2066-CR, and 2014AP2067-CR, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity (including briefs) The prosecutor presented inaccurate information at Williams’s sentencing, but Williams hasn’t proven the circuit court relied on the information. At Williams’s sentencing for multiple counts of domestic abuse-related conduct toward Hamilton, his live-in girlfriend… Read more
SCOW: Sentencing court didn’t rely on defendant’s compelled statements, so resentencing isn’t needed
State v. Danny Robert Alexander, 2015 WI 6, 1/27/15), reversing an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity Alexander claimed he is entitled to resentencing because his sentence was based in part on compelled statements he made to his supervision agent. The supreme court rejects his claim after concluding that the circuit… Read more
State v. Jose O. Gonzalez-Villarreal, 2013AP1615-CR, District 1, 1/27/15 (not recommended for publication); case activity The court of appeals rejects Gonzalez-Villarreal’s challenge to his conviction for possessing child pornography based on claims that: his right to a speedy trial was violated; discovery restrictions violated his right to equal protection; other acts evidence was erroneously admitted; the… Read more
