Legal Opinion

State v. Struzik

Court of Appeals of Wisconsin

Decided May 24, 1983No. 82-1141-CRPublishedCited by 5 opinions

1Opinion of the CourtFoley, P.J.

The State of Wisconsin appeals an order requiring it to reimburse Milwaukee County for transporting James Struzik from a Minnesota prison to Milwaukee for a hearing on his motion for sentence reduction. Struzik is a state prisoner being held in Minne sota as authorized by sec. 46.051, Stats., 1 because Wisconsin does not have enough prison space. Because sec. 782.45(1), Stats., 2 requires the county to pay for transporting a state prisoner to court, and because none of the statutes cited by the county relieve it of this responsibility, we reverse the order.

Section 59.31, Stats., 3 does not…

2Cases cited3 opinions

  1. Moran v. Quality Aluminum Casting Co.Wisconsin Supreme Court · 1967
  2. State Ex Rel. McDonald v. Circuit Court for Douglas CountyWisconsin Supreme Court · 1981
  3. State v. ZawistowskiWisconsin Supreme Court · 1980

3Cited by5 opinions

  1. State v. RolingCourt of Appeals of Wisconsin · 1995
  2. State v. MataCourt of Appeals of Wisconsin · 1996
  3. Welter v. City of MilwaukeeCourt of Appeals of Wisconsin · 1995
  4. Bingenheimer v. Wisconsin Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1985
  5. Opinion No. Oag 34-89, (1989), Wisconsin Attorney General Reports1989

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