By: WISCONSIN LAW JOURNAL STAFF//June 26, 2023//
WI Court of Supreme Court
Case Name: State of Wisconsin v. Junior L. Williams-Holmes
Case No.: 2021AP000809-CR
Officials: Brian Hagedorn, J.
Focus: Postconviction Relief
The Supreme Court overturned the circuit court’s decision, which denied the petitioner’s request for postconviction relief in a case involving a challenge to a condition of extended supervision and probation. The condition in question prohibited the petitioner from residing with any women or unrelated children without court permission. The Supreme Court held that the circuit court made an error by refusing to transfer the authority to approve residential placements to the Department of Corrections (DOC) without clarifying the legality of the imposed condition.
The circuit court, in denying the petitioner’s motion to transfer regulatory authority to the DOC, concluded that the DOC’s practices were not aligned with the probation program intended by the court. The court of appeals upheld this decision. However, the Supreme Court disagreed and reversed the ruling. It stated that the circuit court implied its intention to administer the petitioner’s condition on a case-by-case basis, which was not permissible. The Court instructed the circuit court to either clarify how the condition complied with the law or modify its order accordingly. The case was remanded for further action by the circuit court.
Reversed and remanded
Decided 06/20/23