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John Doe Proceeding – Review of, by Supervisory Writ

State ex rel. Adrian T. Hipp v. Murray, 2007 WI App 202, (AG’s) PFR filed 8/16/07Pro se

Issue/Holding: Review of a judge’s actions in a John Doe proceeding aren’t subject to direct appeal, but may be reviewed by writ of mandamus:

¶9 The parties agree that we review Judge Murray’s actions in connection with Hipp’s John Doe petition via mandamus. See State of Wisconsin ex rel. Unnamed Person No. 1 v. State, 2003 WI 30, ¶¶41, 48, 260 Wis. 2d 653, 680, 682–683, 660 N.W.2d 260, 273, 275; see also id., ¶23, 260 Wis. 2d at 670, 660 N.W.2d at 268 (“[I]t is well settled that a John Doe judge’s actions are not directly appealable to the court of appeals because an order issued by a John Doe judge is not an order of a ‘circuit court’ or a ‘court of record.’”). As we have seen, the issue here is whether the John Doe statute, Wis. Stat. § 968.26, permits a person filing a John Doe petition to compel the appearance of witnesses at the hearing by subpoenas not issued by the John Doe judge. As noted, we conclude that it does.

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