Legal Opinion

State v. Radke

Court of Appeals of Wisconsin

Decided May 23, 2002No. 01-1879-CRPublishedCited by 5 opinions

1Opinion of the CourtDykman, J.

¶ 1. Alan Radke appeals from a judgment of conviction for a repeated sexual assault of the same child. Because Radke had been convicted previously of another child sexual assault, the circuit court sentenced him to life in prison without parole, as required by Wxs. Stat. § 939.62(2m)(b)l and (c) (1997-98), 1 popularly referred to as the "two strikes" law. Radke argues that the sentencing scheme is a violation of substantive due process and is therefore unconstitutional. Because we conclude that the two-strikes law is constitutional as applied to Radke, we affirm.

BACKGROUND

¶ 2. The State…

2Cases cited38 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Washington v. GlucksbergSupreme Court of the United States · 1997
  3. Rummel v. EstelleSupreme Court of the United States · 1980
  4. Foucha v. LouisianaSupreme Court of the United States · 1992
  5. Ferguson v. SkrupaSupreme Court of the United States · 1963

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3Cited by5 opinions

  1. State v. RadkeWisconsin Supreme Court · 2003
  2. In Re Termination of Parental Rights to DianaWisconsin Supreme Court · 2005
  3. Dane County Department of Human Services v. Ponn P.Wisconsin Supreme Court · 2005
  4. Dane County Department of Human Services v. Ponn P.Wisconsin Supreme Court · 2005
  5. State v. Keith C. KenyonCourt of Appeals of Wisconsin · 2025

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