Sentencing – Conditional Release

By: Derek Hawkins//July 16, 2019//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Graham L. Stowe

Case No.: 2017AP1891-CR

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

Focus: Sentencing – Conditional Release

Graham Stowe was found not guilty by reason of mental disease or mental defect (NGI) based on charges of violent criminal conduct in 2004 and was committed to the custody of the Department of Health Services (the department). Stowe now appeals a circuit court order denying his most recent petition for conditional release from department custody under WIS. STAT. § 971.17(4) (2017-18), and appeals the court’s order rejecting his arguments that § 971.17(4)(d) is unconstitutional on its face and as applied to him. Stowe also argues that the State failed to prove by clear and convincing evidence that, if conditionally released, he would pose a significant risk of bodily harm to himself or others or a significant risk of property damage. See id. We reject each of Stowe’s arguments and affirm.

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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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