State ex rel. Henschel v. Department of Health and Social Services, 78-222
| Decision Date | 11 May 1979 |
| Docket Number | No. 78-222,78-222 |
| Citation | 282 N.W.2d 618,91 Wis.2d 268 |
| Parties | STATE ex rel. Ernest Edward HENSCHEL, Petitioner-Appellant, v. DEPARTMENT OF HEALTH AND SOCIAL SERVICES, State of Wisconsin, Respondent. |
| Court | Wisconsin Court of Appeals |
Richard L. Cates, State Public Defender, and Melvin F. Greenberg, Asst. State Public Defender, for appellant.
Bronson C. La Follette, Atty. Gen., and Pamela Magee-Heilprin, Asst. Atty. Gen., for respondent.
Before DECKER, C. J., CANNON, P. J., and MOSER, J.
The petitioner-appellant, Ernest Edward Henschel, was convicted of armed robbery on January 27, 1970, and sentenced to 25 years in prison. He was released on parole on April 30, 1973. On January 16, 1978, after an administrative revocation hearing, Henschel's parole was revoked. The Milwaukee county circuit court issued a writ of certiorari to review the parole revocation on April 11, 1978, but the court affirmed the revocation by a judgment entered July 11, 1978. Henschel appeals from that judgment, citing errors in the revocation procedure utilized by the Department of Health and Social Services (DHSS), and in the admission of certain hearsay testimony at the revocation hearing.
On May 26, 1977, Henschel was arrested and charged with first degree murder. On June 1, 1977, he was served with a notice of parole violation, which alleged that Henschel violated his parole by possessing marijuana, a .22 caliber pistol, a .38 caliber pistol, and a .12 gauge shotgun. On July 15, 1977, Henschel's attorney requested that a preliminary examination on the revocation notice be postponed until a psychiatric examination could be held. This request was granted; the preliminary examination was never held. On December 4, 1977, Henschel was convicted of first-degree murder.
On January 10, 1978, an amended parole violation warrant was issued, essentially repeating the allegations of the June 1, 1977, notice, but further alleging that Henschel was convicted of first-degree murder on December 4, 1977. The parole revocation hearing on these charges was held January 19, 1978, resulting in Henschel's parole being revoked.
Henschel contends this procedure was erroneous, because it did not afford him a preliminary examination on the parole revocation charges. In State ex rel. Flowers v. H&SS Dept., 81 Wis.2d 376, 391, 260 N.W.2d 727, 736 (1978), the supreme court discussed at length the nature and necessity of a preliminary hearing regarding parole revocation charges:
The initial revocation proceedings serve two functions. First they provide assurance that there is reasonable justification for the deprivation involved in detaining the parolee for a final revocation hearing, and in returning him to the state from which he was paroled in the event his apprehension occurs outside the state. In addition, the requirement for notice and a prompt hearing in the vicinity of the arrest or alleged violation permits the parolee to prepare a defense and to put it on record before memories have dimmed and before he is removed to a distant state.
In this case, the defendant had been arrested on May 26, 1977, and charged with murder. Thus, he was already detained in jail on that charge. Secondly, it was the defendant, through his attorney, who requested that the preliminary examination be postponed until after the defendant's...
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...77 Mass.App. 444, 932 N.E.2d 287 (2010); Com. v. Ortiz, 58 Mass.App. 904, 788 N.E.2d 599 (2003); State ex rel. Henschel v. H. & S.S. Department, 91 Wis.2d 268, 282 N.W.2d 618 (Wis.App.1979). 55. State ex rel. Henschel v. H. & S.S. Department, supra note 54, 91 Wis.2d at 271, 282 N.W.2d at 6......
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...may be considered ...." Cady, supra, 50 Wis.2d at 549, 185 N.W.2d at 311. Higginbotham argues that State ex rel. Henschel v. DHSS, 91 Wis.2d 268, 271, 282 N.W.2d 618, 619 (Ct.App.1979), requires that a parole revocation may not be proved entirely by unsubstantiated hearsay. 1 While this is ......
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STATE EX REL. WINGO v. Schwarz
...violation may be proven with hearsay as long as the evidence is reliable. See State ex rel. Henschel v. Department of Health & Soc. Servs., 91 Wis. 2d 268, 271, 282 N.W.2d 618, 619 (Ct. App. 1979); see also WIS. STAT. RULE 911.01(4)(c) (rules of evidence do not apply to revocation hearings)......
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...violation may not be proven entirely by unsubstantiated hearsay testimony. State ex rel. Henschel v. Department of Health & Social Services, 91 Wis. 2d 268, 271, 282 N.W. 2d 618, 619 (Ct. App. 1979). This hearsay evidence, however, was corroborated. First, the technologist testified, withou......