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VAN ERMEN v. H&SS DEPARTMENT

No. 77-251.

84 Wis.2d 57 (1978)

267 N.W.2d 17

VAN ERMEN, Plaintiff-Respondent, v. DEPARTMENT OF HEALTH & SOCIAL SERVICES, and another, Appellant.

Supreme Court of Wisconsin.

Decided June 30, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was argued by James H. Petersen, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the respondent the cause was argued by Steven P. Weiss, assistant state public defender, with whom on the brief was Howard B. Eisenberg, state public defender.

BEILFUSS, C. J.

The facts underlying this case are set forth in the findings of the Department's hearing examiner:1

"In 1961, Mr. Van Ermen, the parolee, was convicted of First Degree Murder. He was convicted of murdering a 63 year old woman after sexually assaulting her during an episode of heavy drinking. Van Ermen maintained he `blacked out' and was unable to recall anything in detail...

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