Sufficiency of Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin Ex Rel. Derrick Brown v. Cindy O’Donnell, et al.

Case No.: 2018AP897

Officials: Lundsten, P.J., Blanchard and Kloppenburg, JJ.

Focus: Sufficiency of Evidence

Derrick Brown, pro se, appeals a circuit court order that affirmed a prison disciplinary decision. Brown contends that: (1) the evidence was insufficient to support the finding that Brown used an intoxicant; (2) the disciplinary proceedings violated Brown’s due process rights to present evidence and to an impartial hearing officer; and (3) restitution was ordered in violation of Brown’s rights to notice and to an opportunity to be heard. We conclude that the evidence was sufficient to support the finding of guilt and that Brown was afforded his rights to present evidence and to an impartial hearing officer. However, we also conclude that Brown’s rights to notice and to an opportunity to be heard on restitution were violated. Accordingly, we affirm in part and reverse in part.

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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.