State Ex Rel. Purifoy v. Malone

¶ 1. Odis Purifoy appeals pro se from an order dismissing his petition for a writ of habeas corpus. He argues that his grant of parole was rescinded in violation of Wis. Admin. Code § PAC 1.07(5)(c). The circuit court concluded that Purifoy's claim should be construed as a petition for certiorari review and that Purifoy had failed to file his petition within the forty-five-day deadline under Wis. Stat. § 893.735 (1999-2000). Accordingly, it dismissed his petition.

¶ 2. Although we agree that certiorari is the appropriate procedural device, we conclude that Purifoy's petition was timely,…