State ex rel. Plutshack v. State Dept. of Health and Social Services

• Decision Date: 09 April 1968
• 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.
• Court: Wisconsin Supreme Court

Page 567

157 N.W.2d 567

37 Wis.2d 713

STATE ex rel Robert F. PLUTSHACK, Jr., Petitioner, v.STATE DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Respondent.

Supreme Court of Wisconsin.

April 9, 1968.

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.

PER CURIAM(on motion for rehearing).

The statepublic 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 statepublic 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 statepublic 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,...