Kansas v. Carr, USSC Nos. 14-449, 14-450, 14-452, 2016 WL 228342 (January 20, 2016); reversing and remanding Kansas v. (Jonathan) Carr, 329 P.3d 1195 (Kan. 2014), Kansas v. (Reginald) Carr, 331 P.3d 544 (Kan. 2014), and Kansas v. Gleason, 329 P.3d 1102 (Kan. 2014); Scotusblog page (includes links to briefs and commentary) The Eighth Amendment does not… Read more
3. Harsh and excessive
Bernard McKinley v. Kim Butler, 7th Circuit Court of Appeals Case No. 14-1944, 1/4/16 McKinley failed to raise an Eighth Amendment claim in his state court challenges to the sentence he received for a murder he committed at the age of 16. That means he procedurally defaulted the claim for purposes of his federal habeas challenge… Read more
GannettWisconsin.com has posted an extensive study of sentencing in Wisconsin during 2005-2014. Click here for “Scales of Justice or Roulette Wheel?” Investigative reporters extracted data from CCAP and created searchable databases that allow the user to see: (1) on a scale of 1 to 10 how harshly a particular judge sentences for certain crimes compared… Read more
Glossip v. Gross, USSC No. 14-7955, 2015 WL 2473454 (June 29, 2015), affirming Warner v. Gross, 776 F.3d 721 (10th Cir. 2015); Scotusblog page (includes links to briefs and commentary) In a 5-to-4 vote, the Supreme Court rejects the claims of Oklahoma death-row prisoners that the use of a particular drug (midazolam) in the three-drug lethal injection protocol… Read more
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
Questions presented: 1) Does the rule announced in Miller v. Alabama, 567 U. S. ____, 132 S.Ct. 2455 (2012), apply retroactively to this case? 2) Is a federal question raised by a claim that a state collateral review court erroneously failed to find that a new constitutional rule fits within an exception to Teague v. Lane, 489 U.S. 288 (1989), which… Read more
State v. Britton D. McKenzie, 2014AP314-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity Consecutive jail sentences totaling 24 months were not unduly harsh and excessive. McKenzie was convicted of one count of lewd and lascivious conduct and three counts of misdemeanor bail jumping, and given six-month consecutive sentences on each count. The court stayed the sentences and… Read more
State v. Bryanntton A. Brown, 2013AP1332-CR, District 1, 6/24/14 (not recommended for publication); case activity Trial counsel was not ineffective for failing to present certain evidence that the complainant in Brown’s child sexual assault prosecution may have obtained her sexual knowledge from watching TV and movies and talking to her older sister. Nor was trial counsel ineffective for not… Read more
