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A. Certiorari

State ex rel. Drazen Markovic v. Jon E. Litscher, 2018 WI App 44; case activity (including briefs) The Department of Corrections has the authority to take certain funds from an inmate’s account to pay the restitution ordered in a case even though the inmate has finished serving the sentence in that case. Markovic was convicted… Read More

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State ex rel. Ardonis Greer v. Wayne J. Widenhoeft, 2014 WI 19, affirming a published court of appeals decision; case activity; Majority opinion:  Justice Ziegler; Dissent: Justice Bradley and C.J. Abrahamson The DOC assured Greer his probation was over and issued a discharge certificate to that effect.  In truth, his probation term hadn’t yet expired… Read More

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Ardonis Greer v. David H. Schwarz, 2012 WI App 122, petition for review granted 6/12/13, affirmed, 2014 WI 19; case activity DOC Discharge Certificate (Probation, § 973.09(5)) – Wrongly Issued, Prior to Expiration of Term of Probation  As a function of “administrative error,” the department of corrections issued Greer a discharge certificate before his term of probation had… Read More

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Darnell Jackson v. Buchler, 2010 WI 135, affirming unpublished court of appeals decision; for Jackson: Michael Halfenger, et al.; Jackson BiC; Buchler Resp.; Reply; Jackson Br. after remand; Buchler Br. after remand Certiorari Review – Prison Discipline Evidence before disciplinary committee, in the form of statements of two confidential informants, adequately established (“more likely than not”) that Jackson participated in… Read More

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court of appeals decision Appellate Standard of Review, Certiorari ¶9        When we review an application for a writ of certiorari, we review the agency’s decision, not the decision of the circuit court.  Kraus v. City of Waukesha Police & Fire Comm’n, 2003 WI 51, ¶10, 261 Wis. 2d 485, 662 N.W.2d 294.  The scope of certiorari review is limited… Read More

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Michelle Williams v. Housing Authority of the City of Milwaukee, 2010 WI App 14 Issue/Holding: ¶13      The circuit court reversed the Housing Authority’s denial of rent assistance because it concluded that, under Gehin v. Wisconsin Group Insurance Board,2005 WI 16, 278 Wis. 2d 111, 692 N.W.2d 572, the Housing Authority could not base its decision solely… Read More

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State ex rel. David C. Myers v. Smith, 2009 WI App 49 Pro se Issue/Holding: Writ of certiorari “misdirected” to wrong respondent (in this instance, review of inmate complaint, improperly naming as respondent institution warden rather than DOC Secretary or designee) must be dismissed: ¶10      We begin by observing that certiorari “is available only for… Read More

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State ex rel. David C. Myers v. Smith, 2009 WI App 49 Pro se Issue/Holding: Inmate may not utilize discovery to bypass security-based restrictions on access to banned material such as pornography: ¶16      Inmates must not be allowed to evade security restrictions by simply filing suit or petitioning for writ of certiorari and obtaining prohibited… Read More

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