Opinion

State Ex Rel. Johnson v. Cady

  • 50 Wis. 2d 540
  • 185 N.W.2d 306
  • 1971 Wisc. LEXIS 1217
Court
Wisconsin Supreme Court
Filed
Apr 2, 1971
Status
Published
On the bench
Connor T. Hansen
Cited by
111 cases

recognizing that probationers legally are in custody although not confined in a penal institution

How later courts described this case

  • recognizing that probationers legally are in custody although not confined in a penal institution
  • holding that judicial review of a parole revocation decision is by writ of certiorari
  • “[T]he basic requirements of due process and fairness require that the department provide a limited hearing to allow petitioners to be confronted with their probation violation and to be heard if they so desire.”; “The type of hearing we refer to is a factual hearing relating to the grounds of revocation so that, on review, it can be determined whether the department acted arbitrarily and capriciously in ordering revocation.”
  • “It is well established in this state that where there are no statutory provisions for judicial review, the action of a board or commission may be reviewed by way of certiorari . . . [a] petitioner’s right of review of a revocation hearing is by certiorari directed to the court of conviction.”

Written by the judges who cited it.

The opinion

Per Curiam

(on motion for rehearing). The first full paragraph beginning on page 548 of the opinion has been modified by striking the second sentence in that paragraph.

The paragraph is to read as follows:

“We do not here attempt to spell out in detail the specific procedural characteristics of the revocation hearings to be held by the department. The type of hearing we refer to is a factual hearing relating to the grounds of revocation so that, on review, it can be determined whether the department acted arbitrarily and capriciously in ordering revocation.”

The motions for rehearing are denied without costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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