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Denial of Parole

By: WISCONSIN LAW JOURNAL STAFF//September 25, 2023//

Denial of Parole

By: WISCONSIN LAW JOURNAL STAFF//September 25, 2023//

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WI Court of Appeals – District III

Case Name: Jamie Dean Jardine v. Wisconsin Parole Commission

Case No.: 2022AP001029

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

Focus: Denial of Parole

In 1994, prior to the enactment of Truth in Sentencing, the circuit court sentenced Jardine to consecutive indeterminate prison terms totaling sixty years on convictions for attempted first-degree intentional homicide and four counts of first-degree sexual assault. The convictions all stemmed from an incident in which Jardine sexually assaulted a massage parlor worker at gunpoint and shot her when she attempted to take the gun away from him. In addition to a gunshot wound to her leg, the victim also suffered a serious blow to her head that required surgery to remove bone fragments from her brain.

Jamie Jardine appeals from a circuit court order denying his petition for certiorari review of an adverse parole determination. Jardine raises a series of constitutional challenges to the Wisconsin Parole Commission decision.

Jardine became eligible for discretionary parole in 2009 after serving 25% of his sentence. This appeal arises from the Commission’s seventh denial of parole for Jardine.

The appeals court concludes that the Commission did not act upon an incorrect theory of law when it applied the current parole criteria from the administrative code and took into account Jardine’s failure to complete recommended programing.


Decided 09/19/23

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