Intrastate Detainer Act Violation

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Daniel P. Henningsen

Case No.: 2018AP475

Officials: Blanchard, Kloppenburg and Fitzpatrick, JJ.

Focus: Intrastate Detainer Act Violation

Daniel P. Henningsen appeals an order denying his motion for postconviction relief under WIS. STAT. § 974.06 (2017-18). In August 2008, the State charged Henningsen with multiple criminal counts arising out of a car crash that occurred when Henningsen was driving while intoxicated. On March 18, 2009, the Department of Corrections sent Henningsen’s request for a prompt disposition to the district attorney. Henningsen’s request for a prompt disposition under WIS. STAT. § 971.11(2), the Intrastate Detainer Act (IDA), required the State to bring Henningsen’s criminal case to trial within 120 days, by July 17, 2009.

We conclude that Henningsen failed to establish that his direct postconviction and appellate counsel was ineffective by failing to pursue dismissal based on a violation of the IDA because the record establishes that Henningsen waived his right to a prompt disposition in the circuit court. We affirm the order denying Henningsen’s WIS. STAT. § 974.06 motion.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.