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STATE DEPT. OF CORRECTIONS v. SCHWARZ

No. 03-2001.

275 Wis.2d 225 (2004)

2004 WI App 136

685 N.W.2d 585

STATE of Wisconsin—DEPARTMENT OF CORRECTIONS, Petitioner-Respondent, v. David H. SCHWARZ, Administrator, Division of Hearings and Appeals, Respondents, James DOWELL, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided June 2, 2004.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Michael K. Gould, assistant state public defender.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Robert G. Pultz, Wisconsin Department of Corrections.

Before Wedemeyer, P.J., Schudson and Curley, JJ.

¶ 1. CURLEY, J.

James Dowell appeals the trial court's order that overturned the decision of David Schwarz, the Administrator of the Division of Hearings and Appeals. Schwarz affirmed the Administrative Law Judge's (ALJ) decision not to revoke Dowell's parole. Schwarz, like the ALJ, concluded that the Department of Corrections (DOC) failed to provide proof that Dowell violated his most recent rules of parole when it...

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