STATE EX REL. SCHATZ v. MCCAUGHTRY

No. 01-0793.

256 Wis.2d 770 (2002)

2002 WI App 167

650 N.W.2d 67

STATE of Wisconsin EX REL. Leslie J. SCHATZ, Petitioner-Appellant, v. Gary R. MCCAUGHTRY, Respondent-Respondent,

Court of Appeals of Wisconsin.

Decided June 20, 2002.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of the pro se petitioner-appellant Leslie J. Schatz, and the supplemental briefs of T. Christopher Kelly of Kelly & Habermehl, S.C., Madison.

On behalf of the respondent-respondent, the cause was submitted on the briefs of Thomas J. Dawson, assistant attorney general, and James E. Doyle, attorney general.

Before Vergeront, P.J., Dykman and Deininger, JJ.


¶ 1. VERGERONT, P.J.

The dispositive issue on this appeal is whether a prisoner's right to procedural due process is violated when, without prior notice and the opportunity to be heard, a circuit court sua sponte dismisses the prisoner's petition for review by certiorari under WIS. STAT. § 802.05(3)(b)4 (1999-2000)1 for failure to state a claim for relief. We conclude State ex rel. Sahagian v. Young,

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