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Wisconsin Supreme Court upholds sentence despite judge's reference to defendant's "baby mama"

By Douglas A. Berman

As noted in this post from January 2009, an intermediate Wisconsin court had ordered a new sentencing hearing for a drug defendant because the sentencing judge referred to the man's "baby mama" and asked him where "you guys" find women to support them while they stay home. Now, as reported in this AP story, the Wisconsin Supreme Court has reversed this reversal.  Here is how the main opinion in Wisconsin v. Harris, 2010 WI 79 (July 14, 2010) (available here), gets started: Following his conviction and sentencing for drug-related crimes, Landray M. Harris moved for relief from his sentence on the grounds that the court made inappropriate comments reflecting racial and gender stereotypes during the sentencing hearing.  The circuit court denied the motion, and in an unpublished opinion, the court of appeals reversed and held that the defendant was entitled to resentencing...continue to full post

Full post as published by Sentencing Law and Policy on July 14, 2010 (boomark / email).