State ex rel. Plutshack v. State Dept. of Health and Social Services
| Citation | 157 N.W.2d 567,37 Wis.2d 713 |
| Parties | STATE ex rel Robert F. PLUTSHACK, Jr., Petitioner, v. STATE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Respondent. |
| Decision Date | 09 April 1968 |
| Court | United States State Supreme Court of Wisconsin |
Robert H. Friebert, State Public Defender, Atty., for petitioner.
Bronson C. La Follette, Atty. Gen., William A. Platz, Thomas A. Lockyear, Asst. Atty. Gen., for respondent.
John A. Koshalek, Madison, for Wis. Civil Liberties Union, amicus curiae.
Dennis J. Purtell, Milwaukee, for Milwaukee Jr. Bar Ass'n, amicus curiae.
Joseph F. Preloznik and Jonathan Jackson, Jr., Madison, for Wis. Judicare, amicus curiae.
(on motion for rehearing).
The state public defender has made a motion for rehearing and filed a brief in support of the motion. Briefs amicus curiae were also filed in support of the motion. The motion is denied with this sole comment: The brief of the state public defender in support of the motion for rehearing refers to the prior conviction of November 21, 1965, for disorderly conduct and resisting an officer as a municipal ordinance conviction. This is merely an allegation of the state public defender and entirely unsupported by the record. The judgment of conviction and sentence, sentencing petitioner under the repeater statute, states the November 21st conviction was 'for drunk and disorderly conduct and resisting an officer, contrary to Section 947.01 of the Wisconsin Statutes.' Under the law of Wisconsin the violation of a misdemeanor statute is against the peace and dignity of Wisconsin and a criminal act. A violation of a municipal ordinance is a forfeiture and a civil action.
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...969, 25 L.Ed.2d 129 (1970); State ex rel. Plutshack v. State Department of Health & Social Serv., 37 Wis.2d 713, 155 N.W.2d 549, 555, 157 N.W.2d 567 (1968); cf. City of Toledo v. Frazier, 10 Ohio App.2d 51, 226 N.E.2d 777, 781--783 (1967); Hortencio v. Fillis, 25 Utah 2d 73, 475 P.2d 1011, ......
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