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STATE EX REL. OLSON v. LITSCHER

No. 99-1082-W.

233 Wis.2d 685 (2000)

2000 WI App 61

608 N.W.2d 425

STATE of Wisconsin EX REL. Larry E. OLSON, Petitioner, v. Jon LITSCHER, Secretary, Department of Corrections, Lawrence Mahoney, Superintendent, Kenosha Correctional Center, Douglas Geske, Agent Department of Corrections, Division of Community Corrections, Circuit Court for Kenosha County-Branch 3, the Honorable Bruce E. Schroeder, presiding, and their agents, Assistants, Attorneys, Assigns, Supervisors, and all those acting in concert therewith, Respondents.

Court of Appeals of Wisconsin.

Decided February 16, 2000.

Attorney(s) appearing for the Case

On behalf of the petitioner, a petition for writ of habeas corpus was filed by Cynthia O'Brien, assistant state public defender of Kenosha. There were briefs submitted by Dennis Egre, first assistant state public defender of Kenosha.

On behalf of the respondents, a response was submitted on the brief of James E. Doyle, attorney general, and Mary E. Burke, assistant attorney general. There was a motion submitted by James E. Doyle, attorney general, and Eileen W. Pray, assistant attorney general.

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

¶ 1. BROWN, P.J.

Larry E. Olson filed a petition for a writ of habeas corpus in this court.1 Olson contends that the Department of Corrections (DOC) impermissibly detained him past his mandatory release on parole date. See WIS. STAT. § 302.11(1) (1997-98).2 The State concedes that Olson was entitled to release, arguing instead that the case is now...

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