State Ex Rel. Foshey v. Wisconsin Department of Health & Social Services

The Department of Health and Social Services (DH&SS) appeals separately from two orders of the circuit court entered in the probation revocation proceedings against Donald Foshey (Foshey). DH&SS challenges the nonfinal order 2 releasing Foshey pending the determination of a writ of certiorari before the circuit court. DH&SS also challenges the propriety of the order of the circuit court reversing the DH&SS secretary’s designate’s revocation of probation, and the power of the circuit court on certiorari review to order the unconditional release of Foshey and the reinstatement of probation.

Foshe…