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Abuse of Discretion – Sentencing – Supervised Release

By: Derek Hawkins//October 7, 2020//

Abuse of Discretion – Sentencing – Supervised Release

By: Derek Hawkins//October 7, 2020//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Frederick A. Ziesmer

Case No.: 2019AP1437-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Abuse of Discretion – Sentencing – Supervised Release

Following a jury trial, Frederick Ziesmer was convicted of repeated sexual assault of the same child. The victim of that offense was Ziesmer’s stepdaughter Claire.  As a condition of Ziesmer’s extended supervision, the circuit court ordered that he have no contact with any minor children, including his biological daughter, Iris. The court subsequently denied Ziesmer’s postconviction motion, which sought to modify that condition to allow him to have contact with Iris.

On appeal, Ziesmer argues the circuit court erroneously exercised its discretion by prohibiting him from having contact with Iris as a condition of his extended supervision, and that the court erred by denying his postconviction motion to modify the no-contact condition without a hearing. Ziesmer also argues that the no-contact provision impermissibly infringes on his constitutional right to parent his child. We reject these 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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