Subject-mattter Jurisdiction

By: Derek Hawkins//October 15, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jeffrey Edward Olson

Case No.: 2018AP1987

Officials: BRASH, P.J.

Focus: Subject-mattter Jurisdiction

Jeffrey Edward Olson, pro se, appeals the trial court’s order denying his postconviction motion for plea withdrawal. Olson pled guilty to a charge of misdemeanor battery in 1994, and received a probation sentence which was completed in 1997. He alleges his probation was extended without his knowledge, and that the Department of Corrections (DOC) is attempting to collect “supervision fees” from him for a time period when he was no longer on probation.

Wisconsin law clearly states that postconviction relief is available to defendants only while they are still confined under the sentence they are attacking; thereafter, the courts no longer have subject matter jurisdiction to hear such motions. We therefore 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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