Legal Opinion
State Ex Rel. Smith v. McCaughtry
Court of Appeals of Wisconsin
Decided September 17, 1998No. 98-0703-WPublishedCited by 13 opinions
1Opinion of the CourtDeininger, J.
Cornell Smith has petitioned this court for a writ of mandamus directing the circuit court to accept his action for filing without payment of fees. Smith is attempting to file an action for certiorari review of a prison disciplinary decision. The case requires that we consider new administrative rules governing the Inmate Complaint Review System (ICRS), and their relationship to certiorari review. We conclude: (1) the new rules allow a prisoner to seek ICRS review of procedural issues in a prison disciplinary decision, but not non-procedural issues; and (2) a prisoner may not obtain…
2Cases cited6 opinions
- State Ex Rel. Czapiewski v. Milwaukee City Service CommissionWisconsin Supreme Court · 1972
- State Ex Rel. Hansen v. Circuit Court for Dane CountyCourt of Appeals of Wisconsin · 1994
- State Ex Rel. Lomax v. LeikCourt of Appeals of Wisconsin · 1990
- State Ex Rel. Braun v. KrenkeCourt of Appeals of Wisconsin · 1988
- State Ex Rel. Staples v. Department of Health & Social ServicesCourt of Appeals of Wisconsin · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brian Thomas v. Gary R. McCaughtry Warden, Waupun Correctional InstitutionCourt of Appeals for the Seventh Circuit · 2000
- State Ex Rel. Hensley v. EndicottWisconsin Supreme Court · 2001
- State Ex Rel. Grzelak v. BertrandWisconsin Supreme Court · 2003
- State Ex Rel. Tyler v. BettCourt of Appeals of Wisconsin · 2002
- Shaw v. JahnkeDistrict Court, W.D. Wisconsin · 2009
8 more not listed; retrieve them via the Exa API.