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Judge’s refusal to stay sentence reversed by higher court PDF Print E-mail
Written by BILL SCHANEN IV   
Tuesday, 30 December 2014 20:18

Appeals judge says Voiland erred in denying motion from former child-care provider

    A decision by Ozaukee County Circuit Judge Joseph Voiland not to stay the jail sentence of a former day-care provider  while her conviction for failing to report abuse is appealed has been reversed by a Wisconsin Court of Appeals judge.

    On Dec. 19, just three days before Trista J. Ziehr, 39, of Grafton was to begin serving her 30-day sentence, Wisconsin Court of Appeals-District 2 Presiding Judge Linda Neubauer issued a ruling that concludes Voiland erred in his evaluation of a motion to stay the sentence pending an appeal filed earlier this month by Ziehr’s lawyer John Schiro.

    Neubauer ordered Ziehr’s sentence stayed pending reconsideration by Voiland.

    Noting that Ozaukee County District Attorney Adam Gerol did not oppose Ziehr’s motion, Neubauer wrote in her decision that if Ziehr’s punishment is not stayed, her “misdemeanor 30-day sentence will be served by the time the (appeals) process is complete. If she does prevail upon appeal, she will have suffered irreparable injury.”

    An Ozaukee County jury in October convicted Ziehr of one misdemeanor count of failure to report child abuse in connection with an April 2013 incident at Family Tree Learning Center in Cedarburg, which was owned by Ziehr at the time.

Last Updated on Tuesday, 30 December 2014 20:20
 
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