Legal Opinion

Drinkwater v. State

Wisconsin Supreme Court

Decided October 5, 1976No. 75-181-CRPublishedCited by 18 opinions

1Opinion of the CourtHanley, J.

Two issues are presented for review:

1. Was defendant denied equal protection of the law and thus penalized for exercising his Sixth Amendment right to a jury trial in that his codefendant received a lesser sentence?

2. Is the defendant’s sentence excessive and an abuse of discretion?

Disparity between sentences.

Defendant contends that the trial judge punished him for exercising his right to a jury trial by sentencing him to two consecutive twenty-five year terms while his co-defendant received a twenty-five year term, a second twenty-five year term which was stayed, and fifteen years of…

2Cases cited7 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. McCleary v. StateWisconsin Supreme Court · 1971
  3. Ocanas v. StateWisconsin Supreme Court · 1975
  4. Jung v. StateWisconsin Supreme Court · 1966
  5. State v. TewWisconsin Supreme Court · 1972

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. LopezIdaho Court of Appeals · 1984
  2. State v. MacEmonWisconsin Supreme Court · 1983
  3. Cunningham v. StateWisconsin Supreme Court · 1977
  4. State v. MillerWest Virginia Supreme Court · 1995
  5. Green v. StateWisconsin Supreme Court · 1977

13 more not listed; retrieve them via the Exa API.

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