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State V Serebin

In: Other Topics

Submitted By Turtle123
Words 911
Pages 4
Case Citation:

State v. Serebin, 119 Wis.2d 837, 350 N.W.2d 65 (1985)

Procedural History:

The case was tried in Milwaukee County Circuit Court. It was appealed in the Circuit Court of Appeals. The Court of Appeals reversed and the State petitioned for review, which was granted. It was heard in the U.S. Supreme court where they affirmed in part, reversed in part and remanded.

Issue:

1) Was the evidence sufficient to support a conviction of homicide by arising from a residents’ death while acting as an administrator? 2) And was the evidence sufficient to support conviction of twelve counts of abuse of nursing home residents?

Answer:

1) Yes 2) No

Holding:

1) The evidence was not sufficient to support a conviction of homicide by arising from a residents’ death while acting as an administrator
2) The evidence was sufficient to support conviction of twelve counts of abuse of nursing home residents.

Brief Statement of Facts:

Defendant Stephen Serebin and owners of “Glendale” were charged with one count of homicide by reckless conduct and fifty-eight counts of abuse of inmates, for incidents that occurred December 20, 1975- June 30, 1976. Serebin was the administrator at Glendale nursing home from 1973 to 1977. The homicide charge was from an incident on February 7, 1976. A resident of Glendale, Bruno Dreyer, wandered out of the nursing home unseen and died from exposure to the cold. The charges of abuse stemmed from various residents who lost weight and developed bedsores. Serebin was the administrator and was held responsible for failing to provide a sufficient staff and an adequate diet for the residents of Glendale, and for the death of Bruno Dreyer. The Circuit Court found Serebin guilty of homicide and twelve counts of inmate abuse. Serebin petitioned for bypass of the court of appeals. It was denied on September 21,...

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