eBook details
- Title: State Ex Rel Swanson v. Wilson
- Author : State of Wisconsin in Court of Appeals District III
- Release Date : January 07, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1 The Department of Corrections appeals an order granting Roy Swanson release on bond pending a probation revocation hearing. After Swansons initial revocation was reversed and a new hearing ordered, he commenced this habeas corpus proceeding alleging the right to be released from custody because the final hearing was not held within fifty days of the trial courts order requiring a new hearing. See WIS. STAT.§ 302.335(2)(b). Relying on the dissenting opinion in State ex rel. Jones v. Division of Hearings & Appeals, 195 Wis. 2d 669, 536 N.W.2d 213 (Ct. App. 1995), the trial court ordered Swanson released on bond pending the hearing. We reverse the order for three reasons: (1) the trial court miscalculated the time limits that apply to § 302.335(2)(b); (2) that statute does not require the probationers release when the time limits are not met; and (3) release on bond is not allowed pending revocation of probation.