Sentence Modification-New Factor

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Marquis Omar Gilliam

Case No.: 2022AP001610-CR

Officials: White, C.J., Geenen and Kloppenburg, JJ.

Focus: Sentence Modification-New Factor

Gilliam was convicted, upon a jury’s verdict, of first-degree intentional homicide while armed in December 1997. The charge arose from Gilliam causing the death of Dion Lucas in July 1997 by shooting him multiple times at an “after-hours” bar in Milwaukee. Gilliam was nineteen years old. The court imposed a life sentence with a parole eligibility date of November 4, 2037 Marquis Omar Gilliam appeals from the order of the circuit court denying his motion for postconviction relief, pursuant to WIS. STAT. § 974.06 (2021-22). Gilliam argues that his Complex Post-Traumatic Stress Disorder (C-PTSD) diagnosis presents newly-discovered evidence warranting an evidentiary hearing on his motion for a new trial. The appeals court concludes that Gilliam has not presented a sufficient reason to overcome the procedural bar under State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994). Gilliam also argues that his C-PTSD diagnosis and scientific research on the brain development of young adults are new factors warranting sentence modification. The appeals court concludes that he has not presented a new factor.

Affirmed.

Decided 04/09/24 

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