State v. Christopher W. LeBlanc, 2020AP62-CR, District 2, 7/30/21 (not recommended for publication); case activity (including briefs) If a sentencing court imposes an excessive term of initial confinement (IC) or extended supervision (ES) when sentencing a defendant under Truth-in-Sentencing (TIS), the defendant “is entitled to a new sentencing hearing as a matter of law unless… Read more
a. Generally
McKinney v. Arizona, USSC No. 18-1109, certiorari granted 6/10/19; affirmed 2/25/20 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… Read more
State v. Lorenzo Wood, 2007 WI App 190, PFR filed 8/16/07 For Wood: Michael D. Kaiser Issue/Holding: ¶6 “When a resentencing is required for any reason, the initial sentence is a nullity; it ceases to exist.” Carter, 208 Wis. 2d at 154. In resentencing “the court imposes a new sentence after the initial sentence has been held… Read more
