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State v. Oakley

Supreme Court of Wisconsin
629 N.W.2d 200 (2002)


The State of Wisconsin (plaintiff) brought criminal charges against David Oakley (defendant) for intentionally failing to pay child support for his nine children. The prosecution sought a prison sentence, but the trial judge declined to impose imprisonment because it would impair Oakley’s ability to pay support. Instead, the judge sentenced Oakley to probation with the condition that Oakley not procreate until and unless he proved capable of supporting his existing and future children. If Oakley violated this condition, he would be sentenced to eight years in prison. Oakley appealed, contending that the probation condition operated as a permanent bar against procreation given the unlikelihood that he would ever be able to support his existing children. The appellate court affirmed, and the Wisconsin Supreme Court granted Oakley's petition for review.

Rule of Law


Holding and Reasoning (Wilcox, J.)

Concurrence (Bablitch, J.)

Concurrence (Crooks, J.)

Dissent (Sykes, J.)

Dissent (Bradley, J.)

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