State Ex Rel. Schatz v. McCaughtry

¶ 1. The petitioner, State of Wisconsin, seeks review of a published court of appeals decision that reversed the circuit court's dismissal of a petition for a writ of certiorari filed by Leslie Schatz, a prisoner at the Waupun Correctional Institution. Schatz's petition sought review of three disciplinary decisions. The circuit court dismissed the petition sua sponte under Wis. Stat. § 802.05(3) (1999-2000) 2 for failure to state a claim upon which relief may be granted.

¶ 2. The court of appeals concluded that Schatz's constitutional right to due process was violated when the circuit court…