# State Ex Rel. Johnson v. Cady

> Wisconsin Supreme Court · April 2, 1971 · 50 Wis. 2d 540

URL: https://www.frixlaw.com/law-library/cases/9517380

## Case

- **Full name:** State Ex Rel. Johnson, Petitioner, v. Cady, Warden, Respondent. [Case No. State 143.]; State Ex Rel. Brock, Petitioner, v. Cady, Warden, Respondent. [Case No. State 144.]; State Ex Rel. Mrotek, Petitioner, v. Cady, Warden, Respondent. [Case No. State 145.]
- **Court:** Wisconsin Supreme Court
- **Decided:** April 2, 1971
- **Citations:** 50 Wis. 2d 540; 185 N.W.2d 306; 1971 Wisc. LEXIS 1217
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Connor T. Hansen
- **Cited by:** 111 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9517380

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9517380. Public record. Not legal advice.