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HALL v. WISCONSIN DEPT. OF JUSTICE

Appeal No. 2018AP2274.

941 N.W.2d 825 (2020)

2020 WI App 12

Demonta Antonio HALL, Petitioner-Respondent, v. WISCONSIN DEPARTMENT OF JUSTICE, Respondent-Appellant.

Court of Appeals of Wisconsin.

Oral Argument December 17, 2019.

Opinion Filed February 26, 2020.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Anthony D. Russomanno , assistant attorney general, and Joshua L. Kaul , attorney general.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Kori L. Ashley of Legal Action of Wisconsin, Milwaukee.

Before Neubauer, C.J., Reilly, P.J., and Gundrum, J.

¶1 Demonta Antonio Hall was arrested on September 21, 2015, for possession of an electronic weapon and on January 11, 2017, for second-degree sexual assault. In both instances, the state, within two days of arrest, decided not to charge Hall. Wisconsin law provides that if a person is arrested but then not charged or cleared

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