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STATE v. NINHAM

No. 2008AP1139.

767 N.W.2d 326 (2009)

2009 WI App 64

STATE of Wisconsin, Plaintiff-Respondent, v. Omer NINHAM, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 3, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Frank Tuerkheimer of Godfrey & Kahn, S.C. of Madison, and Bryan Stevenson and Rebecca Kiley of Equal Justice Initiative of Montgomery, Alabama.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Sally L. Wellman, assistant attorney general, and J.B. Van Hollen, attorney general.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 BRUNNER, J.

Omer Ninham appeals an order denying his postconviction motion seeking modification of his life sentence to allow for the possibility of parole.1 He argues: (1) a sentence of life without the possibility of parole for a crime committed by a fourteen-year-old violates the Eighth Amendment prohibition against cruel and unusual punishment;2 (2) regardless of the constitutionality of the sentence...

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