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STATE EX REL. MYERS v. SMITH

No. 2008AP911.

766 N.W.2d 764 (2009)

2009 WI App 49

STATE of Wisconsin ex rel. David C. MYERS, Petitioner-Appellant, v. Judy SMITH, Respondent-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed February 18, 2009.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of David C. Myers, pro se.

On behalf of the respondent-respondent, the cause was submitted on the brief of Richard Briles Moriarty, assistant attorney general, and J.B. Van Hollen, attorney general.

Before ANDERSON, P.J., SNYDER and NEUBAUER, JJ.

¶ 1 SNYDER, J.

David C. Myers appeals from an order granting the State's motion to dismiss Myers' petition for writ of certiorari. Myers, an inmate at Oshkosh Correctional Institution (OCI), sought access to a book that he claims is relevant to his Wiccan beliefs. He now contends that the circuit court improperly dismissed his petition for lack of jurisdiction, improperly made factual findings after it had determined it lacked jurisdiction, and denied him his...

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