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STATE EX REL. BROWN v. ARTISON

Nos. 86-0109, 86-0110.

138 Wis.2d 350 (1987)

405 N.W.2d 797

STATE of Wisconsin, EX REL. Gregory BROWN, Petitioner-Appellant, v. Richard ARTISON, his agents, employees, and those acting on his behalf or on his direction, Respondents. STATE of Wisconsin, EX REL. Warren HAMILTON, Petitioner-Appellant, v. Franklin LOTTER, Superintendent of the Milwaukee House of Correction, his agents, employees, deputies, and those acting on his behalf or on his direction, Respondents.

Court of Appeals of Wisconsin.

Decided March 26, 1987.

Attorney(s) appearing for the Case

For the petitioners-appellants the cause was submitted on the briefs of Robert M. Courtney of Courtney, Pledl & Molter, S.C. of Milwaukee.

For the respondents the cause was submitted on the briefs of Bronson C. La Follette, attorney general and Sally L. Wellman, assistant attorney general.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

SULLIVAN, J.

Warren Hamilton and Gregory Brown appeal from orders dismissing their respective petitions for habeas corpus. Brown, a parolee, and Hamilton, a probationer, were returned to custody following circuit court bindovers on criminal charges. On appeal they assert that (1) their state and federal constitutional due process rights were violated by the failure of the Department of Health and Social Services (DHSS) to conduct a preliminary revocation hearing,...

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