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STATE EX REL. DEISINGER v. TREFFERT

No. 76-714.

85 Wis.2d 257 (1978)

270 N.W.2d 402

STATE EX REL. DEISINGER, Respondent, v. TREFFERT, M.D., Superintendent Winnebago Mental Health Institute, Appellant.

Supreme Court of Wisconsin.

Decided October 3, 1978.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Pamela Magee-Heilprin, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the respondent there was a brief and oral argument by Howard B. Eisenberg, state public defender.

COFFEY, J.

There are two issues on appeal:

1. Is sec. 971.14(5), Stats., constitutionally violative of the petitioner's due process rights as a person incarcerated as an incompetent to stand trial in that the statute permits custody over the petitioner for a longer period than if the petitioner had been sentenced to the maximum period provided by sec. 947.01(1), Stats?

2. Whether the petitioner should receive sentence credit for time spent during pretrial...

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