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STATE EX REL. TATE v. SCHWARZ

No. 00-1635.

257 Wis.2d 40 (2002)

2002 WI 127

654 N.W.2d 438

STATE of Wisconsin EX REL. Gary TATE, Petitioner-Appellant-Petitioner, v. David H. SCHWARZ, Administrator, Division of Hearings and Appeals, Respondent-Respondent.

Supreme Court of Wisconsin.

Decided November 21, 2002.

Attorney(s) appearing for the Case

For the petitioner-appellant-petitioner there were briefs by Jerome F. Buting, Pamela S. Moorshead and Buting & Williams, S.C., Brookfield, and oral argument by Jerome F. Buting.

For the respondent-respondent the cause was argued by William C. Wolford, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

An amicus curiae brief was filed by Robert R. Henek and Henak Law Office, S.C., Milwaukee, on behalf of the Wisconsin Association of Criminal Defense Lawyers.

¶ 1. DIANE S. SYKES, J.

The issue in this case is whether the state may constitutionally revoke a defendant's probation because he refuses, during court-ordered sex offender treatment, and before the time for a direct appeal has expired or an appeal has been denied, to admit to the crime of which he was convicted.

¶ 2. Gary Tate was convicted of repeated sexual assault of a child after a jury trial in which he testified and denied the offense. He...

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