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STATE EX REL. NICHOLS v. LITSCHER

No. 00-0853-W.

247 Wis.2d 1013 (2001)

2001 WI 119

635 N.W.2d 292

STATE of Wisconsin EX REL. Eugene NICHOLS, Petitioner, v. Jon LITSCHER, Secretary, Wisconsin Department of Corrections and Rick Hudson, Warden, North Fork Correctional Facility, Respondents.

Supreme Court of Wisconsin.

Decided November 6, 2001.

Attorney(s) appearing for the Case

For the petitioner there were briefs by Jeffrey O. Davis, Daniel J. La Fave and Quarles & Brady LLP, Milwaukee, and oral argument by Daniel J. La Fave.

For the respondents the cause was argued by James M. Freimuth, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. ANN WALSH BRADLEY, J.

The petitioner, Eugene Nichols, seeks reinstatement of his petition for review that was previously dismissed as untimely filed. He asserts that his petition should be deemed "filed" as of the date that he delivered it to prison authorities for mailing to this court. Although we do not adopt Nichols' definition of "filed," we nevertheless determine that the 30-day deadline for receipt of a petition for review is tolled on the date that...

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