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STATE EX REL. TATE v. SCHWARZ

No. 00-1635.

246 Wis.2d 293 (2001)

2001 WI App 131

630 N.W.2d 761

STATE of Wisconsin EX REL. Gary TATE, Petitioner-Appellant, v. David H. SCHWARZ, Administrator, Division of Hearings and Appeals, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided May 2, 2001.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Pamela S. Moorshead of Buting & Williams, S.C., Brookfield.

On behalf of the respondent-respondent, the cause was submitted on the brief of William C. Wolford, assistant attorney general, and James E. Doyle, attorney general.

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

¶ 1. ANDERSON, J.

Gary Tate appeals from a circuit court order affirming a decision of the Administrator of the Division of Hearings and Appeals, David H. Schwarz (Schwarz), and dismissing his petition for certiorari. For reasons discussed below, we affirm the circuit court on very narrow grounds.

Facts

¶ 2. Tate was charged with repeated sexual abuse of a child in violation of WIS. STAT. § 948.025 (1997-98)1

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