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Due Process Violation

By: Derek Hawkins//April 24, 2019//

Due Process Violation

By: Derek Hawkins//April 24, 2019//

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WI Supreme Court

Case Name: State of Wisconsin v. Michael A. Keister

Case No.: 2019 WI 26

Focus: Due Process Violation

The court of appeals dismissed this appeal as moot. We reverse that order and address the Iowa County Circuit Court’s decision declaring Wis. Stat. §§ 165.95(1)(a) and (3)(c) (2015-16)1 unconstitutional as applied to Michael Keister. We granted the State’s petition for review asking us to consider: (1) whether an individual has a fundamental liberty interest in continued participation in a treatment court funded by § 165.95; and (2) whether § 165.95 must define expulsion procedures for treatment courts in order to survive a procedural due process challenge. Keister, however, now concedes both issues and agrees with the State that the circuit court erred in declaring the statute unconstitutional.  We vacate the order of the circuit court.

Reversed and vacated

Concur:

Dissent:

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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.

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