State Ex Rel. Schatz v. McCaughtry

VERGERONT, PJ.

¶ 1. The dispositive issue on this appeal is whether a prisoner's right to procedural due process is violated when, without prior notice and the opportunity to be heard, a circuit court sua sponte dismisses the prisoner's petition for review by certiorari under Wis. Stat. § 802.05(3)(b)4 (1999-2000) 1 for failure to state a claim for relief. We conclude State ex rel. Sahagian v. Young, 141 Wis. 2d 495, 500, 415 N.W.2d 568 (Ct. App. 1987), is controlling on this issue. Following Sahagian, we hold that the lack of prior notice and the opportunity to be heard before the circuit…