State Wisconsin v. Kirk Littrup

Kirk Littrup appeals a post-conviction order denying reconsideration of his sentence for second-degree murder. He argues that the state's presentence investigation report (PSI) was inaccurate and prejudicial, thereby violating his due process rights. Regarding this claim, he questions the burden of proof and who carries it. Littrup also argues that his trial counsel was ineffective because there was no motion for correction or suppression of the allegedly offensive report prior to sentencing. We hold that a defendant carries the burden to prove by clear and convincing evidence that there was a due process violation in the sentencing process. We conclude that Littrup did not meet this burden. We further conclude that Littrup did not receive ineffective assistance of counsel. Therefore, we affirm the trial court's denial of Littrup's motion for resentencing.