Legal Question in Criminal Law in Wisconsin

How do I challenge the DOC Dept of community correction for using statutes against me that were passed after my conviction and sentencing? I've served 14 yrs of a 17 yr sentence and they are using statutes that should not apply to me on parole. I know a writ of cert is how to go about it, but I need supporting case law such as US ex rel Anderson v. Anderson 1934 8 F.Supp. 812 which states that subsequently enacted statutes are NOT to be used. This is an old case but Shepard's shows it as having been upheld several times. How can I go about getting the supervision fees, lie detector use, and GPS tracking of sex offenders stopped from being conditions of my parole? According to the statute, I should be on GPS for life. I wonder if this violates the 14th Amendment as I had no hearing or otherwise to modify my sentence. Isn't this illegal? Also, how can I find the relavant case law to support my challenge?


Asked on 9/21/09, 1:44 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

What you refer to is known as the "ex post facto" doctrine, i.e., concept that it is unfair to punish anyone with crimes which were created by new laws "after the fact," or after the date of the offense; it is grounded in the amendments to United States Constitution and ancient English common law. On the other hand, if any new conduct or misbehavior is involved even if it is while you are probation or parole for an old crime, the government has a free hand to pass new regulations and laws and to punish you with them if you subsequently violate. This is because measures which are simply new forms of regulation or treatment are not considered punishment. Regulatory legislation, such as new ways of monitoring sex offenders with GPS, etc., are likely to not be punishment by the courts but instead to mere be new forms of regulating offenders and treating them. If so, you would probably lose your appeal. Again, violations of the supervision via GPS reports, etc., would involve new misconduct and would therefore not be exp post facto. What you propose here is a major constitutional challenge which would entail vast amounts of research which I cannot feasibly perform for free as a part of this public web forum. You may very well have good arguments once all the details are researched and investigated by your attorney. My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. My public comments in this online forum do not create any attorney client relationship with anyone.

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Answered on 9/28/09, 8:27 am


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