Intrastate Detainer Act

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Joseph D. Posorske

Case No.: 2022AP000006-CR

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

Focus: Intrastate Detainer Act

Posorske appeals from a judgment dismissing two criminal charges against him without prejudice, following the State’s violation of the Intrastate Detainer Act. Posorske contends that: (1) dismissal with prejudice was required as a matter of law because there was no good cause for the State’s violation of the act; or, alternatively, (2) the circuit court erroneously exercised its discretion by dismissing the charges without prejudice. The appeals court concludes that there is no requirement in the statutes or case law that the court make a separate finding of good cause for a State’s violation of the Intrastate Detainer Act before dismissing charges without prejudice and further concludes that the court properly exercised its discretion in dismissing the charges at issue here without prejudice.

Affirmed.

Decided 04/04/23

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