Extended Supervision – revocation — motions to reopen

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Wisconsin Court of Appeals

Criminal

Extended Supervision – revocation — motions to reopen

Matthew Tyler, pro se, appeals an order affirming a decision of the Division of Hearings and Appeals that denied his motion to reopen his revocation case. Tyler claimed newly discovered evidence proved that Probation Agent Stephanie Lutz falsely stated he had completed a residential sex offender treatment program and that she refused to correct the information. Because he was neither enrolled in such a program nor had he completed one, Tyler argued that this was an available alternative to revocation. The Division concluded that Tyler failed to meet the criteria for a new hearing based on newly discovered evidence set out in State ex rel. Booker v. Schwarz, 2004 WI App 50, ¶12, 270 Wis. 2d 745, 678 N.W.2d 361. We affirm. This opinion will not be published.

2013AP2844 State ex rel. Tyler v. Hayes

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

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