State v. James T. Fitzgerald, 2000 WI App 55, 233 Wis. 2d 584, 608 N.W.2d 391
For Fitzgerald: Daniel P. Dunn
Issue: Whether a probationer in custody under a probation hold is necessarily a “prisoner” within the battery by prisoner statute, Wis. Stat. § 940.20(1).
Holding: Because a “prisoner” is someone confined as a result of a violation of the law; and because probation rules and conditions have the force of law, a probationer taken into custody for violating probation is necessarily a “prisoner” within the meaning of the battery statute.
