Legal Opinion
State v. Mentzel
Court of Appeals of Wisconsin
Decided April 22, 1998No. 97-1814PublishedCited by 6 opinions
1Opinion of the CourtNettesheim, J.
The issue on appeal is whether a defendant who is placed on straight probation with sentence withheld is "in custody under sentence of a court" for purposes of bringing a motion for postconviction relief under § 974.06(1), STATS. The trial court dismissed Donald Mentzel's motion for post-conviction relief pursuant to § 974.06 for lack of subject matter jurisdiction because Mentzel was on straight probation with sentence withheld. We reverse the trial court's order dismissing Mentzel's motion.
BACKGROUND
On May 12,1994, Mentzel was convicted by a jury of intentionally "allowing] the continued…
2Cases cited9 opinions
- In Interest of PAKWisconsin Supreme Court · 1984
- Prue v. StateWisconsin Supreme Court · 1974
- State v. GudenschwagerWisconsin Supreme Court · 1995
- State v. BoothCourt of Appeals of Wisconsin · 1987
- John Culberson Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1974
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. Andrew J. MatasekWisconsin Supreme Court · 2014
- O'neill v. O'neillSouth Dakota Supreme Court · 2016
- State v. PetersonSouth Dakota Supreme Court · 1996
- State v. FearingCourt of Appeals of Wisconsin · 2000
- State Ex Rel. McElvaney v. SchwarzCourt of Appeals of Wisconsin · 2008
1 more not listed; retrieve them via the Exa API.