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STATE EX REL. KERR v. McCAUGHTRY

No. 92-3235.

183 Wis.2d 54 (1994)

515 N.W.2d 276

STATE of Wisconsin EX REL. James W. KERR, Petitioner-Appellant, v. Gary McCAUGHTRY, Warden, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided March 3, 1994.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of T. Christopher Kelly of Madison.

For the respondent-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Michael R. Klos, assistant attorney general.

Before Eich, C.J., Dykman and Sundby, JJ.

DYKMAN, J.

This is an appeal from an order denying James W. Kerr's petition for a writ of habeas corpus challenging a detainer proceeding under the Interstate Agreement on Detainers (IAD), § 976.05, STATS. The issue is whether, after the State of Arizona's previous, identical IAD proceeding had been dismissed, Arizona could reuse documents from the first proceeding to obtain Kerr's transfer. Because we conclude that it could not do so, we reverse and direct the...

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