A guilty plea does not bar a claim on appeal when, on the face of the record, the court had no power to enter the conviction or impose the sentence. Class v. United States, 583 U.S. ___, 138 S. Ct. 798, 200 L. Ed. 2d 37 (2018). Revocation of probation without a hearing is a denial of due process. Hahn v. Burke, 430 F.2d 100 (1970). There is no right under the U.S. Constitution to be conditionally released before the expiration of a valid sentence, and the states are under no duty to offer parole to their prisoners. A state can create a liberty interest in parole by placing substantive limits on its own discretion when deciding whether to grant or deny parole, but Wisconsin hasn’t done that. Graham, 560 U.S. 48 (2010), did not create an exception for juvenile offenders. Heredia v. Blythe, 638 F. Supp. 3d 984 (2022). Constitutional Law—Pretrial Publicity—The Milwaukee 14. 1970 WLR 209.
Constitutional Law—Due process—Revocation of a Juvenile’s Parole. Sarosiek. 1973 WLR 954.
As I See It: Due Process and the Voluntary Intoxication Defense. Larson. Wis. Law. Feb. 2019.
habeas corpus and bail
Habeas corpus is a proper remedy with which to challenge the personal jurisdiction of a trial court over a criminal defendant and to challenge a ruling on a motion to suppress evidence when constitutional issues are involved. State ex rel. Warrender v. Kenosha County Court, 67 Wis. 2d 333, 227 N.W.2d 450 (1975). Relief under habeas corpus is not limited to the release of the person confined. State ex rel. Memmel v. Mundy, 75 Wis. 2d 276, 249 N.W.2d 573 (1977). Application of bail posted by third parties to the defendant’s fines was not unconstitutional. State v. Iglesias, 185 Wis. 2d 117, 517 N.W.2d 175 (1994). A defendant’s prejudicial deprivation of appellate counsel, be it the fault of the attorney or the appellate court, is properly remedied by a petition for habeas corpus in the supreme court. State ex rel. Fuentes v. Court of Appeals, 225 Wis. 2d 446, 593 N.W.2d 48 (1999), 98-1534. A question of statutory interpretation may be considered on a writ of habeas corpus only if noncompliance with the statute at issue resulted in the restraint of the petitioner’s liberty in violation of the constitution or the court’s jurisdiction. State ex rel. Hager v. Marten, 226 Wis. 2d 687, 594 N.W.2d 791 (1999), 97-3841. As an extraordinary writ, habeas corpus is available to a petitioner only under limited circumstances. A party must be restrained of the party’s liberty, the party must show that the restraint is imposed by a body without jurisdiction or that the restraint is imposed contrary to constitutional protections, and there must be no other adequate remedy available in the law. State ex rel. Haas v. McReynolds, 2002 WI 43, 252 Wis. 2d 133, 643 N.W.2d 771, 00-2636. Laches is available as a defense to a habeas petition. When a habeas petition is brought by a Wisconsin prisoner, the burden is on the state to show that: 1) the petitioner unreasonably delayed in bringing the claim; 2) the state lacked knowledge that the claim would be brought; and 3) the state has been prejudiced by the delay. State ex rel. Washington v. State, 2012 WI App 74, 343 Wis. 2d 434, 819 N.W.2d 305, 09-0746. See also State ex rel. Wren v. Richardson, 2019 WI 110, 389 Wis. 2d 516, 936 N.W.2d 587, 17-0880. self-incrimination and confession
Granting a witness immunity and ordering the witness to answer questions does not violate the witness’s constitutional rights. State v. Blake, 46 Wis. 2d 386, 175 N.W.2d 210 (1970). Although a person may invoke the right against self incrimination in a civil case in order to protect himself or herself in a subsequent criminal action, an inference against the person’s interest may be drawn as a matter of law based upon an implied admission that a truthful answer would tend to prove that the witness had committed the criminal act or what might constitute a criminal act. Molloy v. Molloy, 46 Wis. 2d 682, 176 N.W.2d 292 (1970). A hearing to determine the voluntariness of a confession is not necessary when a defendant knowingly fails to object to the evidence for purposes of trial strategy. Police officers need not stop all questioning after a suspect requests an attorney, since the suspect can change the suspect’s mind and volunteer a statement. Sharlow v. State, 47 Wis. 2d 259, 177 N.W.2d 88 (1970). The admission of evidence of the spending of money after a burglary did not unconstitutionally require the defendant to testify against himself in order to rebut it. State v. Heidelbach, 49 Wis. 2d 350, 182 N.W.2d 497 (1971). When the defendant volunteered an incriminatory statement outside the presence of retained counsel, the statement was admissible. State v. Chabonian, 50 Wis. 2d 574, 185 N.W.2d 289 (1971). There is no requirement that a hearing as to the voluntariness of a confession be separated into two stages as to the circumstances leading up to it and then as to its content. Discussing the content of Miranda, 384 U.S. 436 (1966), warnings. Bohachef v. State, 50 Wis. 2d 694, 185 N.W.2d 339 (1971). Discussing questions of investigational versus custodial interrogation in relation to a confession. Mikulovsky v. State, 54 Wis. 2d 699, 196 N.W.2d 748 (1972). A defendant who, believing he was seriously wounded, began to tell what happened and was given Miranda, 384 U.S. 436 (1966), warnings waived his rights when he continued to talk. Waiver need not be express when the record shows the defendant was conscious and alert and said he understood his rights. State v. Parker, 55 Wis. 2d 131, 197 N.W.2d 742 (1972). The privilege against self-incrimination does not extend to the production of corporate records by their custodian, even though the records may tend to incriminate the custodian personally. State v. Balistrieri, 55 Wis. 2d 513, 201 N.W.2d 18 (1972). A defendant who waived counsel and who agreed to sign a confession admitting 18 burglaries in return for an agreement that the defendant would be prosecuted for only one could not claim that the confession was improperly induced. The state had the burden of showing voluntariness beyond a reasonable doubt. Pontow v. State, 58 Wis. 2d 135, 205 N.W.2d 775 (1973). The administration of a blood or breathalyzer test does not violate a defendant’s privilege against self-incrimination. State v. Driver, 59 Wis. 2d 35, 207 N.W.2d 850 (1973). Discussing factors to be considered in determining whether a confession is voluntary. State v. Wallace, 59 Wis. 2d 66, 207 N.W.2d 855 (1973).