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16 Mar 2007, 4:40 am
State, to fit within the category of an illegal sentence, the illegality must inhere in the sentence itself, i.e., there either has been no convinction warranting any sentence or the sentence is not a permitted one for the conviction upon which it was imposed and, for either reason, is intrinsically and substantially unlawful. [read post]
10 May 2018, 8:52 pm by Kenneth S. Nankin
The court agreed that the plaintiff had failed to state an Elder Abuse Act claim. [read post]
13 Oct 2010, 9:54 am by WISCONSIN LAW JOURNAL STAFF
He seeks resentencing on grounds that the trial court failed to apply the "least punishment" principle and to explain why it [...] [read post]
9 Feb 2017, 2:19 pm by Daily Record Staff
In this appeal, appellant claims the trial court failed to exercise the necessary discretion by “blindly excluding” a witness, Earline Snowden, after finding that defense ... [read post]
11 Jan 2011, 10:51 am by WISCONSIN LAW JOURNAL STAFF
The circuit court denied the first motion because Jones refused to turn over the results of private DNA testing that his attorney commissioned before trial, meaning Jones failed to satisfy [...] [read post]
15 Mar 2011, 9:34 am by WISCONSIN LAW JOURNAL STAFF
Brown contends that the circuit court erroneously exercised its sentencing discretion by failing to consider mitigating factors [...] [read post]
16 Mar 2011, 9:08 am by WISCONSIN LAW JOURNAL STAFF
Marquez argues that the circuit court failed to properly instruct the jury, and that we should, therefore, exercise our discretionary power to [...] [read post]
14 Dec 2010, 11:24 am by WISCONSIN LAW JOURNAL STAFF
Gallentine argues his trial counsel provided ineffective assistance by failing to introduce testimony from his employer limiting the time frame in which Gallentine had the opportunity to commit the assaults. [read post]
15 Feb 2011, 8:47 am by WISCONSIN LAW JOURNAL STAFF
Hines contends the circuit court erroneously exercised its sentencing discretion by failing to consider mitigating factors and his character, by punishing [...] [read post]
4 Jan 2011, 11:39 am by WISCONSIN LAW JOURNAL STAFF
The motion claimed ineffective assistance of counsel because his trial attorney violated discovery rules by failing to supplement his expert witness’s report, resulting in the trial court’s exclusion of [...] [read post]
1 Feb 2011, 10:50 am by WISCONSIN LAW JOURNAL STAFF
Sampson argues the court erred by setting restitution at the amount the victim had to pay others to finish the contract Sampson failed to complete. [read post]
4 Sep 2020, 12:08 pm by Daily Record Staff
Criminal procedure — Illegal sentence — Credit for time served Tyree Kevin Crawford filed a motion to correct an illegal sentence in the Circuit Court for Anne Arundel County in which he alleged that his sentence to life imprisonment, all but 40 years suspended, for first-degree murder was illegal because the court had failed to ... [read post]
16 Oct 2020, 12:14 pm by Daily Record Staff
Criminal procedure — Expert testimony — Police officer Kayin Cemal Love (“Appellant”) was charged with driving a vehicle while under the influence of alcohol. 1 During Appellant’s trial, after extensive discussion with the court, Officer William Weill testified as an expert witness, about Appellant failing the standard field sobriety tests, specifically the walk and turn ... [read post]
24 Feb 2017, 2:00 pm by Daily Record Staff
In this post-conviction appeal, appellant presents one question for our review: “Did the trial counsel render ineffective assistance in failing to ... [read post]
9 Dec 2014, 2:26 pm by Daily Record Staff
Morris’s conviction be reversed in light of the fact that the trial court failed to make an on the record finding, as required by Maryland Rule 4-246, that Mr. [read post]
19 Aug 2014, 6:31 am by Jane Chong
Yesterday we flagged two amicus briefs filed on behalf of the petitioner in al-Bahlul v. [read post]
14 Jan 2013, 1:58 pm by WIMS
We have jurisdiction to determine our own jurisdiction, Special Invs., Inc. v. [read post]