Legal Opinion

State v. McDermott

Wisconsin Supreme Court

Decided January 10, 2012No. 2010AP2232-CRPublishedCited by 5 opinions

1Opinion of the CourtFine, J.

¶ 1. Demian McDermott appeals the circuit court's order denying his motion to modify his sentence for first-degree intentional homicide without first holding an evidentiary hearing. McDermott argues that he has shown new factors that justify a reduction in his parole-eligibility date. We disagree and affirm.

I

¶ 2. In 1991, a jury found McDermott guilty of first-degree intentional homicide while possessing a dangerous weapon, as a party to a crime. See Wis. Stat. §§ 940.01(1), 939.63(l)(a)2, & 939.05 (1989-90). McDermott was born on October 8, 1972, and was thus barely over eighteen when he and…

2Cases cited9 opinions

  1. Roper v. SimmonsSupreme Court of the United States · 2005
  2. Fed. Sec. L. Rep. P 95,228 Rocco Dileo and Louise Dileo v. Ernst & YoungCourt of Appeals for the Seventh Circuit · 1990
  3. Thompson v. OklahomaSupreme Court of the United States · 1988
  4. State v. GallionWisconsin Supreme Court · 2004
  5. Rosado v. StateWisconsin Supreme Court · 1975

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

3Cited by5 opinions

  1. State v. LockCourt of Appeals of Wisconsin · 2013
  2. Maday, Stanley v. Carr, KevinDistrict Court, W.D. Wisconsin · 2022
  3. State v. KellyCourt of Appeals of Wisconsin · 2018
  4. State v. Michael L. WashingtonWisconsin Supreme Court · 2018
  5. State v. SobonyaCourt of Appeals of Wisconsin · 2015

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