Sentence Modification

By: Derek Hawkins//July 6, 2021//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Adamm Linton

Case No.: 2019AP2264-CR

Officials: Dugan, Graham and White, JJ.

Focus: Sentence Modification

Adamm Linton appeals the circuit court’s denial of his motion requesting sentence modification on the basis that Miller v. Alabama, 567 U.S. 460 (2012), represents a change in the law applicable to sentencing juveniles and is a new factor entitling him to sentence modification. We conclude that the specific holding of Miller is inapplicable here. Furthermore, we conclude that the “children are different” principle that Linton argues was announced and applied in Miller is not a new principle for the circuit court to consider when sentencing juveniles. Therefore, Miller is not a new factor entitling Linton to sentence modification, and we affirm the postconviction court’s denial of Linton’s motion.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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