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STATE EX REL. GENDRICH v. LITSCHER

No. 00-3527.

246 Wis.2d 814 (2001)

2001 WI App 163

632 N.W.2d 878

STATE of Wisconsin EX REL. Michael J. GENDRICH, Petitioner-Appellant, v. Jon LITSCHER, Secretary, Department of Corrections, Jerry Smith, Chairman, Wisconsin Parole Commission, and Judy Smith, Warden, Oshkosh Correctional Institution, Respondents-Respondents.

Court of Appeals of Wisconsin.

Decided June 13, 2001.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Michael J. Gendrich, pro se.

On behalf of the respondents-respondents, the cause was submitted on the brief of Karla Z. Keckhaver, assistant attorney general, and James E. Doyle, attorney general.

Before Brown, P.J., Anderson and Snyder, JJ.

¶ 1. ANDERSON, J.

In this certiorari action, Michael J. Gendrich seeks judicial review of the decision of the Wisconsin Parole Commission denying him release on his mandatory parole date because he is a risk to the community and refuses to complete recommended sex offender treatment programs. While we agree with the general proposition that an inmate has a liberty interest, protected by due process, to be released on his or her mandatory release date, we disagree...

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