Legal Opinion · Dissent

State Ex Rel. Thomas v. Schwarz

Wisconsin Supreme Court

Decided May 22, 2007No. 2005AP1487Published

1DissentAnn Walsh Bradley, J.

¶ 54. {dissenting). This case highlights a gap in our sentencing structure. The legislature provided that consecutive sentences of parole should be treated as one continuous period for pre-TIS cases. Wis. Stat. § 302.11(3). It likewise provided that consecutive sentences of extended supervision should be treated as one continuous period in TIS cases. Wis. Stat. § 302.113(4). However, a gap in the statutory scheme, created by a Governor's veto, leaves the statutes silent in regards to the hybrid situation presented in this case: how pre-TIS parole and TIS extended supervision are to be treated…

2Cases cited2 opinions

  1. Ashford v. Division of Hearings & AppealsCourt of Appeals of Wisconsin · 1993
  2. State v. BayeCourt of Appeals of Wisconsin · 1995

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