STATE EX REL. MARTH v. SMITH

No. 98-3031-W.

224 Wis.2d 578 (1999)

592 N.W.2d 307

STATE of Wisconsin EX REL. Dennis C. MARTH, Petitioner, v. Judy P. SMITH, Warden, Oshkosh Correctional Institution, and David H. Schwarz, Administrator of Division of Hearings and Appeals, Respondents.

Court of Appeals of Wisconsin.

Decided January 27, 1999.


Attorney(s) appearing for the Case

On Petition for Waiver of Fees/Costs. Provisionally granted.

On behalf of the petitioner, the cause was submitted on the memorandum of Dennis C. Marth, pro se.

On behalf of the respondents, the cause was submitted on the memorandum of James E. Doyle, attorney general, and Charles D. Hoornstra, assistant attorney general.

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


PER CURIAM.

In this case we decide whether an inmate's petition for a writ of habeas corpus claiming ineffective assistance of counsel relating to probation revocation is subject to the provisions of the Prisoner Litigation Reform Act (PLRA), 1997 Wis. Act 133, which took effect on September 1, 1998.1 The applicability of the PLRA depends upon whether Dennis C. Marth is a "prisoner" as defined in the PLRA.2

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases