McCleary v. State

1971

Court: Supreme Court of Wisconsin

Facts: McCleary forged a check, and got the maximum sentence. The trial court judge's clerk was a philosopy major, and there was all sorts of "nichey" talk.

Posture: Guilty at trial.

Issue: Is the sentence in question excessive and an abuse of discretion?

Holding: Yes. Sentence reduced. Time already served counts.

Rule: We can review trial court sentences. We give deference to the trial court, but we require a showing of discretion. The court must state its reasons.

Reasoning: Here, the sentence was within the limits, but no reason was given for the sentence imposed. Under the facts, it is excessive.

Dicta: Sentences need to be meaningful.

Concurring: abuse of discretion may be constitutional error. There should not be tough and soft judges.

Dissent: actually, the defendant's attitude was pretty bad, and the court shouldn't be a super-legislature, determining the appropriateness of sentences. This was within the allowed limits, and it should stand.