Legal Opinion

State v. J.E.B.

Court of Appeals of Wisconsin

Decided March 6, 1991No. 90-0963-CRPublishedCited by 4 opinions

1Opinion of the CourtNettesheim, P.J.

J.E.B.1 appeals from the sentencing provisions of two judgments of conviction for first-degree sexual assault and from an order denying his motion for resentencing. On appeal, J.E.B. contends his sentences are invalid because the trial court improperly considered his use of reading materials protected under the First Amendment to the United States Constitution. J.E.B. also argues his sentence is invalid because the *659trial court engaged in "mechanistic" sentencing. We conclude that the trial court did not abuse its discretion by factoring J.E.B.'s reading habits into its sentencing decision. We…

2Cases cited25 opinions

  1. United States v. O'BrienSupreme Court of the United States · 1968
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Williams v. New YorkSupreme Court of the United States · 1949
  5. New York v. FerberSupreme Court of the United States · 1982

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3Cited by4 opinions

  1. Rush v. StateSupreme Court of Arkansas · 1996
  2. Rush v. StateSupreme Court of Arkansas · 1996
  3. State v. JEBCourt of Appeals of Wisconsin · 1991
  4. State v. TiepelmanWisconsin Supreme Court · 2006

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