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SCHMIDT v. STATE

No. State 39.

68 Wis.2d 512 (1975)

228 N. W. 2d 751

SCHMIDT, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided May 8, 1975.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by David G. Walsh and Walsh & Walsh, all of Madison, and oral argument by David G. Walsh.

For the defendant in error the cause was argued by William L. Gansner, assistant attorney general, with whom on the brief was Victor A. Miller, attorney general.

CONNOR T. HANSEN, J.

The issues presented on this appeal are:

1. Whether sec. 975.05, Stats., denies the defendant's right to due process of law by failing to provide a hearing to review a recommendation of the department that the defendant is not in need of specialized treatment pursuant to the provisions of the Sex Crimes Law?

2. Whether the same statutory section violates the defendant's right to equal protection of the law?

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