Defendant has right to access PSI, rules Wisconsin Supreme Court.

• Date: 01 January 2007

Byline: David Ziemer

A defendant has the right to access his presentence investigation report (PSI), after his attorney files a no-merit brief, the Wisconsin Supreme Court held on Dec. 21. The court concluded, "To properly respond to the mo-merit report, the defendant must have access to the record in order 'to raise any points that he chooses' The PSI report is an essential part of this record (cite omitted)." Michael J. Parent was charged with a seven-count complaint in 2003, and pleaded guilty to felony escape and two counts of felony theft. A PSI was prepared, and, at sentencing, Parent and his counsel told the court it contained to significant factual inaccuracies. Parent was sentenced to 11 years initial confinement and 11 years of extended supervision. Parent's appointed counsel filed a no-merit brief, stating that there were no non-frivolous issues for appeal. Counsel also requested a copy of the PSI for Parent. Eau Claire County Circuit Court Judge William M. Gabler denied the request. Counsel then moved the court of appeals for access to the PSI, but the court of appeals denied the motion. Counsel then sought a writ of supervisory control from the Supreme Court, which vacated the court of appeal's order and remanded the case with instructions to review the circuit court's order for an erroneous exercise of discretion. The court of appeals then certified the case to the Supreme Court for clarification as to the procedures and factors to consider. The Supreme Court accepted certification, and vacated the circuit court's order denying Parent access to the PSI, in a unanimous decision written by Justice Louis B. Butler, Jr. The parties had framed the issue as a conflict between the confidentiality provisions of the former sec. 972.15, and the requirements of Rule...