On Point: H. Modification/Review

State v. Orbin B. Harris, 2011 WI App 130 (recommended for publication); for Harris: Matthew S. Pinix; case activity

Good-time credit may not be earned on a  jail sentence for a violent offense being served in prison:

¶1       Orbin B. Harris appeals the judgment convicting him of battery and intimidation and the order denying his postconviction motion.  Harris, who was sentenced to ten months in the house of correction for the battery and to seven years in state prison for the intimidation,

DOC v. Warren Lilly, Jr., 2011 WI App 123 (recommended for publication); case activity

¶2        The primary issues we address on this appeal and their resolution are as follows:

I.                   In light of Saenz, what is the correct legal standard for the showing DOC must make to obtain a court order continuing to authorize the forced feeding of an inmate?[1]

We conclude that in this situation DOC must show that: (1) if forced feeding is withdrawn,

seventh circuit decision

Cruel and Unusual Punishment – Prison Inmates, Denial of Treatment for Gender Identity Disorder

Section 302.386(5m) (2010), which categorically bars hormonal therapy or sexual reassignment surgery to prison inmates, violates the 8th amendment.

“Prison officials violate the Eighth Amendment’s proscription against cruel and unusual punishment when they display ‘deliberate indifference to serious medical needs of prisoners.’ ” Greeno v. Daley,

State v. David A. Reeves, 2010AP1590-CR, District 4, 6/23/11

court of appeals decision (1-judge, not for publication); for Reeves: Anthony J. Jurek; case activity

Maximum sentence for obstructing (9 months) upheld against argument it was a) harsh and excessive; b) based on improper factors. State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197, reviewed and applied.

State v. Dustin M. Przybylski, 2011AP1-CR, District 2, 6/1/11

court of appeals decision (1-judge, not for publication); for Przybylski: Michael S. Holzman; case activity

OWI sentence consecutive to unrelated 15-year sentence upheld, despite joint recommendations of concurrent time, against argument it was fashioned mechanistically rather than as exercise of discretion, State v. Martin, 100 Wis. 2d 326, 302 N.W.2d 58 (Ct. App.

Brown v. Plata, USSC No. 09-1233, 5/23/11

Remedial injunction, issued by a federal court pursuant to the PLRA, ordering California to reduce its prison population on account of deficiencies in medical care caused by overcrowding, upheld.

Lengthy, 5-4 opinion (91 pp. pdf file) on something (“conditions of confinement”) outside the boundaries of SPD representation: why should you be interested? For one thing, as On Point readership surveys have demonstrated time and again over the years,

State v. Omer Ninham, 2011 WI 33, affirming, 2009 WI App 64; for Ninham: Frank M. Tuerkheimer, Bryan Stevenson; amici: Byron C. Lichstein, Robert R. Henak, G. Michael Halfenger, et al.; case activity

Sentencing – Life without Parole for Juveniles – Cruel and Unusual Punishment

Sentence of life without parole imposed on juvenile (Ninham was 14 when he committed the crime) upheld,

State v. Shantell T. Harbor, 2011 WI 28, affirming unpublished decision; for Harbor: Joseph E. Redding; case activity

Sentence Modification – New Factor

The “new factor” test for sentence modification has split into “two divergent lines of cases”: Rosado v. State, 70 Wis. 2d 280, 288, 234 N.W.2d 69 (1975) (fact(s) highly relevant to, but not brought out at, 

State v. Thomas J. Hoffman, 2010AP1327-CR, District 2, 3/30/11

court of appeals decision (1-judge, not for publication); for Hoffman: Kathleen A. Lindgren; case activity

Hoffman’s challenge to the length of his sentence became moot once he had fully served it.

¶6     At the outset, the State contends that Hoffman’s appeal is moot; he has served his entire seven-month sentence and this court’s review on his motion for sentence modification will have no practical effect. 

State v. Anthony M. Smith, 2009AP2867-CR, District 1/4, 3/3/11

court of appeals decision (not recommended for publication); for Smith: Rodney Cubbie, Syovata K. Edari; case activity

Trial court’s limitations on cross-examination with respect to State witness’s “prior mental condition” or use of medications (prescribed for his Bipolar Disorder and Attention Deficit Disorder) upheld as proper exercise of discretion. The witness was taking his medication at the time of the alleged offense,