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STATE EX REL. STELDT v. McCAUGHTRY

Nos. 99-2000, 99-2001, 99-2110.

238 Wis.2d 393 (2000)

2000 WI App 176

617 N.W.2d 201

STATE of Wisconsin EX REL. Curtis STELDT, Jr., Petitioner-Appellant, v. Gary R. McCAUGHTRY, Warden, and Jon Litscher, Secretary, Department of Corrections, Respondents-Respondents. STATE of Wisconsin EX REL. Robert A. POND, Petitioner-Appellant, v. Jon E. LITSCHER, Secretary, Department of Corrections, Respondent-Respondent. STATE of Wisconsin EX REL. Willie MCKINLEY, Petitioner-Appellant, v. Ken SONDALLE, Superintendent, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided July 27, 2000.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, Curtis Steldt, Jr., the cause was submitted on the briefs of Curtis Steldt, Jr., pro se, of Waupun.

On behalf of the petitioner-appellant, Robert A. Pond, the cause was submitted on the briefs of Mark S. Rosen of Rosen and Holzman of Waukesha.

On behalf of the petitioner-appellant, Willie McKinley, the cause was submitted on the brief of Willie McKinley, pro se, of Portage.

On behalf of the respondents-respondents, Gary R. McCaughtry and Jon Litscher, the cause was submitted on the briefs of James E. Doyle, attorney general, and Stan Davis, assistant attorney general.

On behalf of the respondent-respondent, Ken Sondalle, the cause was submitted on the brief of James E. Doyle, attorney general, and Michael D. Oeser, assistant attorney general.

Before Dykman, P.J., Eich and Roggensack, JJ.

¶ 1. DYKMAN, P.J.

Curtis Steldt, Jr., Robert A. Pond, and Willie McKinley appeal from orders dismissing their petitions for certiorari review of prison disciplinary committees' decisions. The circuit court found that Steldt, Pond, and McKinley failed to comply with the forty-five-day filing deadline. They argue that the trial court erred by concluding that, even though the clerk of courts received the petitions within the required forty-five days, the petitions...

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