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STATE EX REL. GRIFFIN v. SMITH

Nos. 01-2345, 02-1320.

270 Wis.2d 235 (2004)

2004 WI 36

677 N.W.2d 259

STATE of Wisconsin EX REL. Peter D. GRIFFIN, Petitioner-Appellant, v. Judy P. SMITH, Warden, Respondent-Respondent. STATE of Wisconsin EX REL. Micah E. GLENN, Petitioner-Appellant, v. Jon E. LITSCHER, Secretary, Department of Corrections, Judy Smith, Warden, Oshkosh Correctional Institution, and David Schwarz, Administrator, Division of Hearings and Appeals, Respondents-Respondents.

Supreme Court of Wisconsin.

Decided March 30, 2004.

Attorney(s) appearing for the Case

For the petitioners-appellants there were joint briefs by Nathaniel Cade, Jr., and Michael Best & Friedrich LLP, Milwaukee, and oral argument by Nathaniel Cade, Jr.

For the respondent-respondent and respondents-respondents the cause was argued by James M Freimuth, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

¶ 1. ANN WALSH BRADLEY, J.

These cases are before the court on certification from the court of appeals.1 The petitioners, Micah E. Glenn and Peter D. Griffin, assert that they were denied effective assistance of counsel when their attorneys failed to timely file a petition for writ of certiorari seeking judicial review of an administrative appeal.

¶ 2. In its certification, the court of appeals states the issue as follows...

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