g. Judicial vindictiveness

Resentencing judge was not vindictive, did not rely on inaccurate information, and did not impose excessive sentence

by admin on January 28, 2014

State v. Quincy Lashawn Baker, 2013AP242-CR, District 1, 1/28/14; court of appeals decision (not recommended for publication); case activity Baker was given a resentencing hearing based on inaccurate information about the maximum periods of confinement and supervision for the crime of conviction (felony murder). (¶¶4-5). At the resentencing hearing before a different judge, the state… Read more

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Due Process – Judicial Vindictiveness – Resentencing (Following Successful Attack on Conviction), Generally

by admin on February 21, 2009

State v. Lord L. Sturdivant, 2009 WI App 5, PFR filed 1/13/09 For Sturdivant: Steven D. Phillips, SPD, Madison Appellate Issue/Holding: ¶8 Due process “requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.” North Carolina v. Pearce, 395 U.S. 711… Read more

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g. Judicial vindictiveness

Resentencing judge was not vindictive, did not rely on inaccurate information, and did not impose excessive sentence

Due Process – Judicial Vindictiveness – Resentencing (Following Successful Attack on Conviction), Generally

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