2021-05-10 Senate Journal

Based on the DNA evidence proving that he is innocent of this crime, the previous Claims Board awards to Chaunte Ott and William Avery, and the damages caused by his wrongful conviction, Hadaway requests the statutory maximum compensation of $5,000 per year for a total of $25,000.

DA’s Response and Argument

Based on a review of the facts surrounding the crime, the Milwaukee County District Attorney's Office did not oppose Hadaway's claim for $25,000, which is the statutory maximum amount, under Wis. Stat. § 775.05(4).

Discussion and Conclusion

Under the standards of Wis. Stat. § 775.05(3), the Claims Board must determine whether or not the evidence is clear and convincing that the petitioner was innocent of the crime for which he was imprisoned.

Based on the Claimant's facts and arguments summarized above, which are not opposed by the Milwaukee County District Attorney's Office, the Board concludes and finds that the evidence is clear and convincing that Hadaway was innocent of the charge discussed herein, and that under the circumstances Hadaway's confession and guilty plea should not bar him from compensation. Accordingly, the Board further concludes that compensation in the amount of $25,000 shall be awarded from the Claims Board appropriation Wis. Stat. § 20.505(4)(d). Vote: 5-0

Dated at Madison, Wisconsin this 7th day of May, 2021.

COREY FINKELMEYER

Chair, Representative of the Attorney General

ANNE L. HANSON

Secretary, Representative of the Secretary of Administration

MARY FELZKOWSKI

Senate Finance Committee

TERRY KATSMA

Assembly Finance Committee

RYAN NILSESTUEN

Representative of the Governor

_____________

Referrals and Receipt of Committee Reports Concerning Proposed Administrative Rules

The joint committee for review of Administrative Rules reported and recommended:

Senate Clearinghouse Rule 20-018

Relating to sales and use tax provisions and affecting small business.

hist133423 No action taken on May 4, 2021.

Senate Clearinghouse Rule 20-027

Relating to sales and use tax provisions.

hist133424 No action taken on May 3, 2021.

Senate Clearinghouse Rule 20-081

Relating to the credit for tax paid to another state.

hist133425 No action taken on May 5, 2021.

STEPHEN NASS

Senate Chairperson

_____________

The committee on Natural Resources and Energy reported and recommended:

Senate Clearinghouse Rule 20-043

Relating to nonferrous metallic mineral exploration, bulk sampling, prospecting and mining and nonferrous mining waste management.

hist133401 No action taken on May 10, 2021.

hist133402 Referred to the joint committee for review of Administrative Rules, May 10, 2021.

ROBERT COWLES

Chairperson

295