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Extended Supervision — revocation

By: WISCONSIN LAW JOURNAL STAFF//August 22, 2013//

Extended Supervision — revocation

By: WISCONSIN LAW JOURNAL STAFF//August 22, 2013//

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Wisconsin Court of Appeals

Criminal

Extended Supervision — revocation

Matthew Tyler appeals an order affirming a decision of the Division of Hearings and Appeals revoking Tyler’s extended supervision. He also appeals an order denying his motion for reconsideration. He argues that: (1) the Department of Corrections (DOC) lacked jurisdiction to initiate revocation proceedings because Tyler had been committed to the Department of Health Services (DHS) under Wis. Stat. ch. 980 (2011-12) and he was never released to the Department of Corrections; (2) he was not given sufficient notice that refusing to cooperate with treatment at the DHS facility could result in revocation of his extended supervision, particularly after he was informed of his right to refuse treatment under Wis. Stat. § 51.61; (3) the administrator acted arbitrarily in determining that the Department could revoke Tyler for refusing treatment; and (4) the court relied on inaccurate information in reaching its conclusion. We reject these arguments and affirm the orders. This opinion will not be published.

2012AP2766 State ex rel. Tyler v. Wiedenhoeft, et al.

Dist I, Milwaukee County, Martens, J., Per Curiam

Attorneys: For Appellant: Tyler, Matthew, pro se; For Respondent: Loebel, Karen A., Milwaukee; Moriarty, Richard B., Madison

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