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Equal Protection – Statutory Ineligibility for Earned Release Program

State v. Gerald L. Lynch, Jr., 2006 WI App 231, PFR filed 11/6/06
For Lynch: David R. Karpe

Issue:  Whether statutory ineligibility for Earned Release, § 973.01(3g), for homicide by intoxicated use violates equal protection given eligibility for driving while intoxicated but not causing death or great bodily harm.

Holding:

¶18      Applying this standard, we conclude there is a rational basis for not allowing persons convicted of crimes under Wis.

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