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STATE EX REL. MCCLAIN v. COOKE

No. 96-2403.

211 Wis.2d 841 (1997)

565 N.W.2d 303

STATE of Wisconsin EX REL. Spencer MCCLAIN, Petitioner-Appellant, v. Marianne A. COOKE, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided May 28, 1997.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the brief of Spencer McClain, pro se.

For the respondent-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Stephen J. Nicks, assistant attorney general.

Before Snyder, P.J., Brown and Anderson, JJ.

SNYDER, P.J.

Spencer McClain is an inmate at Kettle Moraine Correctional Institution (KMCI). He appeals pro se from a trial court order which affirmed the decision of a hearing officer finding him guilty of possessing intoxicants contrary to WIS. ADM. CODE § DO C 303.59 (use of intoxicants).1 McClain contends that this finding is in error because he was tested twice within thirty days for the presence of intoxicants contrary to institution...

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