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STATE EX REL. PARKER v. FIEDLER

No. 93-0709.

180 Wis.2d 438 (1993)

509 N.W.2d 440

STATE of Wisconsin, EX REL., Elnora PARKER, Petitioner-Appellant, Carol A. ARENDT, Petitioner, v. Patrick J. FIEDLER, in his capacity as Secretary of the Department of Corrections of the State of Wisconsin and Gerald Miles Turner, Jr., Respondents-Respondents. STATE of Wisconsin, EX REL. E. Michael McCANN, District Attorney, Milwaukee County, Wisconsin, and Frederick G. Gordon, Alderman of the City of Milwaukee, Wisconsin, Petitioners-Appellants, v. Patrick J. FIEDLER, in his capacity as Secretary of the Department of Corrections of the State of Wisconsin and Gerald Miles Turner, Jr., Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided November 30, 1993.

Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of E. Michael McCann, district attorney; Bruce J. Landgraf of Kersten & McKinnon, S.C.; and Fredrick Gordon, of Milwaukee. Oral argument by E. Michael McCann and Bruce J. Landgraf.

On behalf of the respondent-respondent Patrick J. Fiedler, the cause was submitted on the briefs of Edward S. Marion of Murphy & Desmond, S.C., of Madison, Wisconsin. Oral argument by Edward S. Marion.

On behalf of the respondent-respondent Gerald M. Turner, Jr., the cause was submitted on the briefs of Catherine M. Canright of Milwaukee. Oral argument by Catherine M. Canright.

Before Sullivan, Fine and Schudson, JJ.

FINE, J.

This is an appeal from the trial court's consolidated judgment dismissing proceedings commenced by the filing of petitions for writs of certiorari. Relators sought an order directing the secretary of the Department of Corrections to recalculate the mandatory release date of Gerald Miles Turner, Jr.

In 1975, Turner was convicted of violating secs. 940.02 (second-degree murder), 944.11(1) (indecent behavior with a child), 944.12 (enticing a child for...

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