Please ensure Javascript is enabled for purposes of website accessibility

2010AP83-CR State v. Walker

By: WISCONSIN LAW JOURNAL STAFF//November 2, 2010//

2010AP83-CR State v. Walker

By: WISCONSIN LAW JOURNAL STAFF//November 2, 2010//

Listen to this article

Probation and Parole
Sentencing after revocation; burden of proof

At a sentencing after revocation of probation, the defendant has the burden of rebutting the allegations that led to revocation.
“[T]o prove his due process rights were violated, we conclude Walker has the burden to show that the court relied on factually inaccurate information. See id., ¶26. Walker has not met this burden. His mere denial of the sexual assault allegations during the sentencing hearing did not constitute evidence rebutting them, nor did counsel’s statement that Walker intended to defend against the pending charges. It was Walker’s burden to prove the allegations were factually inaccurate, and he has not done so.”
Affirmed.

Recommended for publication in the official reports.

2010AP83-CR State v. Walker

Dist. III, Pepin County, Duval, J., Peterson, J.

Attorneys: For Appellant: Schmaal, William E., Madison; For Respondent: Gansner, William L., Madison; Seifert, Jon, Durand

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests