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Revocation
By: Derek Hawkins//October 12, 2015//
Listen to this articleCivil
WI Court of Appeals – District II
Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.
Revocation
2015AP2977 Rockie L. Douglas V. Brian Hayes
Rockie Douglas appeals from a final order of the circuit court affirming the decision of Brian Hayes, Administrator for the State of Wisconsin Division of Hearings and Appeals, revoking Douglas’s probation based on his refusal to answer his probation agent’s inquiry regarding Douglas’s suspected involvement in various criminal activities while on probation. We conclude, pursuant to the Fifth Amendment to the United States Constitution and our supreme court’s decision in State v. Evans, 77 Wis. 2d 225, 252 N.W.2d 664 (1977), Douglas’s probation was improperly revoked because he was not sufficiently informed, prior to his refusal, that he had both use and derivative use immunity related to any information he would have provided the agent. We reverse and remand.
Decision
Reversed and Remanded
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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