STATE V. OAKLEY 629 N.W.2d 200 (2001) clarified, 635 N.W.2d 760 (2001) CASE BRIEF

STATE V. OAKLEY

629 N.W.2d 200 (2001) clarified, 635 N.W.2d 760 (2001)

NATURE OF THE CASE: Oakley (D) appealed an order that he could not father any more children while on probation unless he was supporting his current children and had the capacity to support more.

FACTS: Wisconsin (P) brought criminal charges against D for intentionally failing to pay child support for his nine children fathered with four different women. D was $25,000 behind in child support. P wanted to put D in prison. D plead no contest. The court found that D intentionally decided not to pay child support that D had a prior criminal record that D was in arrears in excess of $25,000 and had three convictions and four read-ins for intentional refusal to pay child support. The court then sentenced D to probation on the condition that he not father any more children while on probation unless he could prove to the court that he had the capability to financially support them and was presently supporting his existing children. D filed for post-conviction relief.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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