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Petition for positive adjustment time

By: Derek Hawkins//June 22, 2016//

Petition for positive adjustment time

By: Derek Hawkins//June 22, 2016//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Daniel Lawrence Hanson

Case No.: 2015AP740; 2015AP741

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Petition for positive adjustment time

Daniel Hanson, pro se, appeals orders in these cases denying his petitions for positive adjustment time (PAT) pursuant to WIS. STAT. § 973.198 (2011-12). In Marinette County case No. 2004CF89, the Department of Corrections (DOC) sent the circuit court a letter stating it did not provide a time verification form because, although Hanson did serve prison time from October 1, 2009 through August 3, 2011, he had completed serving the sentence for that crime. The circuit court denied the petition. In Marinette County case No. 2008CF165, the circuit court denied the petition because Hanson failed to provide a verification form. Hanson argues: (1) because the sentences in case Nos. 2004CF89 and 2008CF165 run consecutively, he is entitled to PAT sentence reduction for both sentences if any part of the combined sentences was served during the applicable time periods set forth in § 973.198, from October 1, 2009 through August 3, 2011; (2) repeal of that statute in 2011 constitutes an ex post facto law; and (3) the DOC should be faulted for its failure to provide the time verification form in case No. 2008CF165. We affirm the orders.

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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.[/box]

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