People v. Geiger

Twenty-year sentence imposed for Defendant's refusal to testify at a fellow gang member's murder trial was manifestly disproportionate to nature of offense and thus unreasonably excessive. Although Defendant willfully and deliberately refused to testify, and court found him in direct criminal contempt, his refusal was based on his mistaken belief that he had fifth amendment right to refuse. Some evidence was presented that other gang members who testified were threatened, and thus refusal could have been based on fear of retaliation.(THOMAS, GARMAN, KARMEIER, and THEIS, concurring; FREEMAN, specially concurring; KILBRIDE, dissenting.)