Graham L. Stowe v. Gregory Van Rybroek, No. 23-3345, 8/21/24 This habeas appeal is limited to a facial challenge to the NGI conditional release statute, Wis. Stat. § 971.17(4)(d). The Seventh Circuit rejects Stowe’s argument, concluding that he cannot show that there are no circumstances under which the law’s application would be valid. After being… Read more
Conditional Release
Graham L. Stowe v. Gregory Van Rybroek, 18-CV-400-wmc (W.D. Wis. 11/6/23). Having recently prevailed on a judicial bias claim in state court, Stowe makes a return appearance to the blog on his 2018 federal habeas petition. Unfortunately, the Western District of Wisconsin denied the petition, which had been pending for close 5 years. The petition… Read more
State v. Graham L. Stowe, 2021AP431-CR, District 3, 02/17/23 (not recommended for publication); case activity (including briefs) Graham Stowe was found NGI in 2005 and committed to the Department of Health and Family Services for 39 years and 6 months. Between 2007 and 2019, Stowe filed 10 petitions for conditional release. The same circuit court… Read more
State v. Larry W. Olson, 2019 WI App 61; case activity (including briefs) Olson and the state resolved some felony counts with an agreement that he’d plead not guilty by reason of mental disease or defect. The court found him NGI and committed him for 19 years, placing him on conditional release immediately. A few… Read more
State v. Justice G. Armstead, 2017AP1586-CR, 5/30/18, District 1 (1-judge opinion, ineligible for publication); case activity (including briefs) Armstead pled NGI to 2 misdemeanors, pursuant to §971.16. The court ordered his conditional release into the community for 6 months, along with involuntary medications. Five months into the order, Armstead filed a motion for postdisposition relief … Read more
State v. Alan Adin Randall, 2011 WI App 102 (recommended for publication); for Randall: Brian Kinstler, Craig S. Powell; case activity; prior history: State v. Randall, 192 Wis. 2d 800, 532 N.W.2d 94 (1995) (“Randall I”); State v. Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998) (“Randall II”) Petition for (NGI) Conditional Release, §… Read more
State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998) For Randall: Waring Fincke Issue/Holding: The trial court properly rejected requested instruction that the State must prove “a level of present danger which cannot be managed safely in the community under any set of reasonable conditions,” and instead properly gave an… Read more
State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998) For Randall: Waring Fincke Issue/Holding: Randall proposed to ask the jury, “Is there any medical justification for the Petitioner’s continued confinement at the Winnebago Mental Health Institute or any other in-patient mental health facility?” The trial court, holding that the… Read more
