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STATE EX REL. MARBERRY v. MACHT

No. 99-2446.

262 Wis.2d 720 (2003)

2000 WI 79

665 N.W.2d 155

STATE of Wisconsin EX REL. William E. MARBERRY, Petitioner-Appellant, v. Phillip G. MACHT, Superintendent, Wisconsin Resource Center and Joseph S. Leean, Secretary, Department of Health and Family Services, Respondents-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided July 2, 2003.

Attorney(s) appearing for the Case

For the respondents-respondents-petitioners the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

For the petitioner-appellant there was a brief and oral argument by Donald T. Lang, assistant state public defender.

¶ 1. DIANE S. SYKES, J.

This is a review of a decision of the court of appeals granting habeas corpus relief and ordering the release of a sexually violent person from commitment under Chapter 980 of the Wisconsin Statutes as a remedy for the failure of the Department of Health and Family Services ("the department") to conduct a timely post-commitment initial reexamination under Wis. Stat. § 980.07 (2001-2002).1 We reverse.<...

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