Legal Opinion
State v. Johnson
Court of Appeals of Wisconsin
Decided February 6, 2007No. 2006AP870-CRPublishedCited by 5 opinions
1Opinion of the CourtKessler, J.
¶ 1. Defendant Kathy J. Johnson appeals from an order denying her Postconviction Motion to Determine Eligibility for Earned Release Program Pursuant to Wis. Stat. § 302.05. Because we conclude that the Department of Corrections' (DOC) policy to take no position on an inmate's petition for eligibility for the Earned Release Program (ERP) is effectively approval, under § 302.05(3)(e) (2003-04), 2 of the inmate's right to petition the trial court for a determination of eligibility, we reverse and remand this case to the trial court for a determination of Johnson's eligibility for the ERE
Backgroun…
2Cases cited4 opinions
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- Hutson v. State Personnel CommissionWisconsin Supreme Court · 2003
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- State v. OwensCourt of Appeals of Wisconsin · 2006
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