[Download] "State v. Crockett" by Supreme Court of Wyoming * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Crockett
- Author : Supreme Court of Wyoming
- Release Date : January 06, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Andre D. Crockett appeals from an order denying his motion for post-conviction relief under Wis. Stat. § 974.06 (1995-96), or in the alternative, for resentencing or sentence modification under the courts inherent authority. Although Crockett provides no sufficient reason for failing to assert the due process claim in one of his previous post-conviction motions, he contends that the claim is not waived because the State failed to argue waiver in the trial court. We conclude that the States failure to argue waiver does not prohibit this court from considering it on appeal and that State v. Escalona-Naranjo, 185 Wis. 2d 168, 517 N.W.2d 157 (1994), precludes Crocketts claim under § 974.06. We further conclude that Crocketts request for resentencing because his sentence was unduly harsh has already been adjudicated and that there are no new factors which justify modifying Crocketts sentence. We therefore affirm.