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Postconviction Relief – Parole

By: Derek Hawkins//July 5, 2017//

Postconviction Relief – Parole

By: Derek Hawkins//July 5, 2017//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Nathan J. Paape

Case No.: 2015AP2462-CR

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Postconviction Relief – Parole

Nathan J. Paape appeals from a judgment entered upon a jury verdict convicting him of first-degree intentional homicide and an order denying his motion for postconviction relief. Paape contends that a sentence of life imprisonment with the possibility of release to extended supervision after thirty years of confinement amounts to a “de facto” life sentence because, when he first becomes eligible to seek release, he will not have a “meaningful opportunity” to demonstrate to the court that he has matured and been rehabilitated and, thus, should be released. We disagree. Accordingly, we reject Paape’s challenges, whether facial or as applied, to WIS. STAT. §§ 302.114 and 973.014. The circuit court, upon remittitur shall amend the judgment of conviction to reflect that Paape is first eligible for release on December 12, 2043, to extended supervision, not parole.

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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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