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Tag Archives: Discretion

Late filing accepted as timely in jerky dispute

A $5 million punitive damage award has been effectively reinstated in a dispute between the shareholders of Link Snacks Inc., which makes beef jerky and other meat products. The jury actually imposed reciprocal $5 million punitive damage awards against the parties, what some of the Wisconsin Supreme Court justices described as “a wash.” Both parties then filed untimely postverdict motions ...

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2010AP1896-CR State v. Marker

Sentencing Discretion Mark Steven Marker appeals the judgment entered on his guilty plea to first-degree recklessly endangering safety, see Wis. Stat. § 941.30(1), and the order denying his motion for postconviction relief. Marker claims that the circuit court erroneously exercised its discretion when it sentenced him. We disagree and affirm. This opinion will not be published. 2010AP1896-CR State v. Marker ...

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2011AP1-CR State v. Przybylski

Sentencing Discretion Dustin Przybylski seeks resentencing on his conviction for operating a motor vehicle while under the influence of an intoxicant or other drug, fourth offense, contrary to Wis. Stat. § 346.63(1)(am). Przybylski claims that the circuit court did not fairly consider the recommendation of the prosecutor and the defense counsel that his sentence be served concurrently with another prison ...

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10-2748 U.S. v. Garcia-Oliveros

Sentencing Discretion Where the sentencing court did not address any mitigation factors offered by the defendant, the sentence is vacated. “We have recognized that the need for explanation typically is diminished when a sentence falls within the guidelines range, United States v. Curby, 595 F.3d 794, 797 (7th Cir. 2010); United States v. Harris, 567 F.3d 846, 854 (7th Cir. ...

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10-2343 U.S. v. Snodgrass

Sentencing Discretion Where the judge gave a thorough written explanation for the sentence, the sentence is affirmed, even though the oral remarks at the sentencing hearing were inadequate. “We caution, however, that name-calling is not a substitute for reasoned analysis. Regardless of the heinous nature of the crime, every defendant is entitled to a reasoned explanation of his sentence. This ...

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2010AP189-CR State v. Hines

Sentencing Discretion Greg Tyrone Hines appeals from a judgment of conviction, entered upon his guilty plea, on one count of first-degree sexual assault of a child. Hines also appeals from an order denying his motion for resentencing. Hines contends the circuit court erroneously exercised its sentencing discretion by failing to consider mitigating factors and his character, by punishing him for ...

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2010AP669-CR State v. Murphy

Sentencing Discretion Anthony Murphy, a/k/a Andrew Morris, appeals pro se from an order that denied his motion for resentencing. He claims that his twenty-year sentence for aggravated battery while armed with a dangerous weapon is excessive because it exceeds the statutory presumptive minimum term. He further claims that the circuit court erred by failing to state how many years of ...

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2009AP2910-CR State v. Thomas

Sentencing Discretion Theus H. Thomas appeals from the judgment of conviction entered against him and the order denying his motion for postconviction relief. Thomas argues that the circuit court did not properly exercise its sentencing discretion when it sentenced him. We disagree and affirm the judgment and order. This opinion will not be published. 2009AP2910-CR State v. Thomas Dist II, ...

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