State v. Sobonya

¶ 9. (concurring). I agree with the majority that Sobonya has failed to establish the existence of a new factor by clear and convincing evidence. Even though the report was not in existence, the social science and criminological literature cited all date from 1948 to 2011. See State v. Ninham, 2011 WI 33, ¶ 91, 333 Wis. 2d 335, 797 N.W.2d 451 (supreme court rejected new factor arguments based on adolescent brain research because, even though the studies proffered might not have been in existence, "the conclusions reached by the studies were already in exis*567tence and well reported by the time…