Wisconsin Statutes

Wis. Stat. § 975.16 (2026)

Appeal from judgment of committing court

✓ current as of July 2026
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975.16975.16 Appeal from judgment of committing court.
975.16(1)(1) If, under this chapter the court affirms an order of the department, the person whose liberty is involved may appeal to the proper appellate court for a reversal or modification of the order. The appeal shall be taken as provided by law for appeals to said court from the judgment of an inferior court.
975.16(2)(2) At the hearing of an appeal the appellate court may base its judgment upon the record, or it may upon its own motion or at the request of either the appellant or the department refer the matter back for the taking of additional evidence.
975.16(3)(3) The appellate court may confirm the order of the lower court, or modify it, or reverse it and order the appellant to be discharged.
975.16(4)(4) Pending appeal the appellant shall remain under the control of the department.
Notes of Decisions
Cited in 3 cases, 1972–1976 · leading case: Lessard v. Schmidt, 349 F. Supp. 1078 (E.D. Wis. 1972).
Lessard v. Schmidt, 349 F. Supp. 1078 (E.D. Wis. 1972). · cites it 2× “Wis. Stat.Ann. § 975.16. If any right of appeal does exist, it arises under Wis.”
Humphrey v. Cady, 405 U.S. 504 (1972). “15 An appeal is authorized by Wis. Stat. Ann. §975.16 , formerly Wis. Stat.”
Lessard v. Schmidt, 413 F. Supp. 1318 (E.D. Wis. 1976). “), which provides: “Except as otherwise provided the time within which a writ of error may be issued or an appeal taken to obtain a review by the supreme court of any judgment or order in any civil action or special proceeding in a court of record is limited to 3 months from…”
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