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STATE EX REL. AVERY v. PERCY

No. 79-1909.

99 Wis.2d 459 (1980)

299 N.W.2d 886

STATE EX REL. Barbara AVERY, Petitioner-Respondent, v. Donald PERCY, Secretary of Wisconsin Department of Health & Social Services, Nona Switala, Superintendent of Taycheedah Correctional Institute, Appellants.

Court of Appeals of Wisconsin.

Decided October 27, 1980.

Attorney(s) appearing for the Case

For the appellants there was a brief by Bronson C. La Follette, attorney general, and Dorothy H. Dey, assistant attorney general. Oral argument by Ms. Dey.

For the petitioner-respondent there was a brief and oral argument by Jimmie G. Davison of Milwaukee.

Before Voss, P.J., Brown and Scott, J.J.

VOSS, P.J.

This is an appeal from an order based upon a habeas corpus petition filed on behalf of Barbara Avery ordering her release from the custody of the State. The sole issue presented is whether the Department of Health and Social Services may revoke a parolee's conditional release when, although both the parole violation and the initiation of formal revocation procedures occurred prior to the parole expiration date...

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