Court Error – Abuse of Discretion

By: Derek Hawkins//November 26, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin ex rel. Erich L. Vlach v. Brian Hayes

Case No.: 2019AP70

Officials: Brash, P.J., Dugan and Fitzpatrick, JJ.

Focus: Court Error – Abuse of Discretion

Erich L. Vlach appeals an order of the trial court which upheld a decision by the Division of Hearings and Appeals (DHA) revoking Vlach’s probation. DHA found there to be credible evidence supporting each of the alleged violations of the terms of Vlach’s probation, and that there were no appropriate alternatives to revocation. Vlach argues that DHA’s decision was arbitrary and capricious and represented its will rather than its judgment, and that it failed to consider viable alternatives to revocation. Upon certiorari review, the trial court upheld DHA’s determination. We 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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