The complaint was filed 11/27/2012, in case 05CF63 with the Milwaukee parole agent assigned to this case. She and I disagree on the number of cases. There is one case with two sentencing structures, New Law and Truth-in-Sentencing running currently to each other according to the judgment of conviction. Her claim is there are two cases and the discharge certificate is for one of those cases, the imprisonment portion and not extended supervision (parole).
The agent's supervisor did contact me on March 20, 2013, informing me that I have a new Milwaukee parole agent and there is another supervisor along with a new region chief. The chief starts on Monday. My complaint will be addressed by the new supervisor, however the previous supervisor stated that she agrees with the parole agent; that's fine, just put it in writing so I can move to the next stage in the proceedings.
Our beloved President has stated time and time again; "that we are a nation of laws"; a civilized God fearing people governed by law and order as it is written. I will saddle up my horse early next week and head out to Wisconsin to see if we can work this out.
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Sunday, March 24, 2013
Friday, March 15, 2013
Department of Correction 328.11 Client Complaint Process
Discharge Certificate: The client filed a complaint with the DOC agent who has refused to restore his civil rights.
(5) Filing A Complaint
(a) A client may initiate a review of a decision by filing a complaint with the agent.
The Client Complaint was dated 11/27/2012
The agent reply was dated 1/02/3013
(c) If the complaint is not resolved as provided under par. (b), the client may file a written request for review directed to the agent's supervisor.
The client had not received a reply by 1/04/2013. The client filed a Request For Review dated 1/04/2013. On January 05, 2013, the client received a reply from the agent. January 08, 2013, the client filed a response to the agent's reply dated 1/04/2013.
(6) Supervisor's Investigation and Decision. (a) Upon receipt of a written request for review, the supervisor shall notify the agent of its receipt. The agent shall be given an opportunity to respond to the complaint in writing within 5 working days of notice to the agent. (b) The supervisor shall review the complaint and agent's response and may interview the client and others to investigate the complaint within 10 working days of receipt of the complaint. (c) Within 5 working days after the supervisor's investigation is completed, the supervisor shall issue a written decision, stating the reasons for it. Copies of the decision shall be sent to the client and the agent.
The supervisor has refused to reply to the clients request for a decision or provide a status report regarding the complaint.
(7) Appeal of Supervisor's Decision. (a) The client or agent may appeal the supervisor's decision in writing within 5 working days to the regional chief, stating the reasons for the appeal and requesting further review.
The client posted a letter March 07, 2013, to the acting regional chief; there has been no reply.
(8) Appeal Of The Regional Chief's Decision. (a) If the client, agent, or supervision disagrees with the decision of the regional chief, he may within 5 working days of receipt of the decision, appeal in writing to the administrator of probation and parole.
(c) The administrator's decision regarding the complaint shall be final.
(9) Effect of Appeal on Disputed Decision. During the period required under this section to investigate any complaint or review any decision, the affected parties shall comply with the decision under dispute.
(10) Expedited Appeal. If resolution of a complaint under the periods of time provided for under this section would moot the complaint, the complaint process shall be expedited.
(11) PENALTIES. No penalties to a client shall result from the mere filing of a complaint by the client.
The client has to exhaust his administrative procedures before filing a claim in circuit court.
(5) Filing A Complaint
(a) A client may initiate a review of a decision by filing a complaint with the agent.
The Client Complaint was dated 11/27/2012
The agent reply was dated 1/02/3013
(c) If the complaint is not resolved as provided under par. (b), the client may file a written request for review directed to the agent's supervisor.
The client had not received a reply by 1/04/2013. The client filed a Request For Review dated 1/04/2013. On January 05, 2013, the client received a reply from the agent. January 08, 2013, the client filed a response to the agent's reply dated 1/04/2013.
(6) Supervisor's Investigation and Decision. (a) Upon receipt of a written request for review, the supervisor shall notify the agent of its receipt. The agent shall be given an opportunity to respond to the complaint in writing within 5 working days of notice to the agent. (b) The supervisor shall review the complaint and agent's response and may interview the client and others to investigate the complaint within 10 working days of receipt of the complaint. (c) Within 5 working days after the supervisor's investigation is completed, the supervisor shall issue a written decision, stating the reasons for it. Copies of the decision shall be sent to the client and the agent.
The supervisor has refused to reply to the clients request for a decision or provide a status report regarding the complaint.
(7) Appeal of Supervisor's Decision. (a) The client or agent may appeal the supervisor's decision in writing within 5 working days to the regional chief, stating the reasons for the appeal and requesting further review.
The client posted a letter March 07, 2013, to the acting regional chief; there has been no reply.
(8) Appeal Of The Regional Chief's Decision. (a) If the client, agent, or supervision disagrees with the decision of the regional chief, he may within 5 working days of receipt of the decision, appeal in writing to the administrator of probation and parole.
(c) The administrator's decision regarding the complaint shall be final.
(9) Effect of Appeal on Disputed Decision. During the period required under this section to investigate any complaint or review any decision, the affected parties shall comply with the decision under dispute.
(10) Expedited Appeal. If resolution of a complaint under the periods of time provided for under this section would moot the complaint, the complaint process shall be expedited.
(11) PENALTIES. No penalties to a client shall result from the mere filing of a complaint by the client.
The client has to exhaust his administrative procedures before filing a claim in circuit court.
Thursday, March 14, 2013
Discharge Certificate
The Discharge Certificate states: "You were sentenced to Wisconsin State Prisons on November 9, 2005 by the Circuit Court of Milwaukee County, Court Case # 05CF63, after being found guilty of violating the Wisconsin Statutes Section (s):
943.20 (1) (B), 943.38 (2).
The department having determined that you have satisfied said judgment, it is ordered that effective July 27, 2012, you are discharged from said judgment only.
Persons committing crimes after April 9, 1990 may have a civil judgment issued for any unpaid restitution.
This legal document was signed by Gary H. Hamblin, Secretary, Department of Corrections, Wis. Statutes, Chapter 304 & 973, 09/04/2012. I received the certificate of freedom on October 1, 2012.
What do I do with this? Frame it? Or take action? Take Action!!
On October 4, 2012, at the regular meeting with the Texas Parole Agent, I provide him a copy of the Discharge Certificate. He contacts the Wisconsin Parole Agent. She states that there is a second case and the prisoner is aware that he is serving a second case "extended supervision" (parole). The record shows one case, 15 counts, two sentence structures; New Law and Truth-in-Sentencing (TIS).
The first thing you needed to do is examine Wis. Statutes, Chapter 304 & 973 that governs a Discharge Certificate when there is confusion. We also have to take a look at Chapter 302 that governs indeterminate sentences (New Law) and Chapter 973 that governs determinate sentences (TIS). Court Case #05CF63 consist of indeterminate sentences and determinate sentences. The Judgment of Conviction states: "IT IS ADJUDGED that the defendant is guilty as convicted and sentenced as follows: Count 2 (determinate sentence) 13 YR Concurrent to Count 1 (indeterminate sentence). As to counts 4, 5, 6, 7, 8, 9, 10, 11, and 12. Each count concurrent to each other and counts 1, 2, and 3.
This is what I found:
Wis. Stat. 302.11 (1); A person is subject to 302.11 if he is serving a bifurcated sentence under Wis. Stat. 973.01.
Wis. Stat. 302.11 (1); Mandatory Release: The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Mandatory release date is established at two-thirds of the sentence.
Wis. Stat. 304.01 mandates the parole commission to conduct interviews to consider parole eligibility of inmates created a generally protected liberty interest in parole. The statutory parole eligibility date entitlement is when an inmate has served 25%, a quarter of the sentence imposed for the offense, or 6 months whichever is greater.
Wis. Stat. 304.06; New Law Inmates (indeterminate sentences) are eligible for discretionary parole.
Person's liberty interest is protected by Due Process and Equal Protection Clause of Fifth and Fourteenth Amendments to the United States Constitution.
Wis. Stat. 304.078; Restoration of Civil Rights of Convicted Persons.
Wis. Stat. 304.078 (1) (a); "Imprisonment" includes parole and extended supervision.
Wis. Stat. 304.078 (2); Except as provided in sub (3), every person who is convicted of a crime obtains a restoration of his civil rights by serving out his term of imprisonment or otherwise satisfying his sentence. The certificate of the department...that a convicted person has served his sentence or otherwise satisfied the judgment against him is evidence of that fact and that person is restored to his civil rights. The department shall list in the person's certificate rights which have been restored and which have not been restored. persons who served out their terms of imprisonment or otherwise satisfied their sentence prior to August 14, 1947, are likewise restored to their civil rights from and after September 25, 1959.
Wis. Stat. 973.01 (2) (a); Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment specified in 939.50 (3).
Felony G - Imprisonment not to exceed 10 years. 5 yrs confinement and 5 yrs extended supervision.
Felony H - Imprisonment not to exceed 6 years. 3 yrs confinement and 3 yrs extended supervision.
Felony I - Imprisonment not to exceed 3 years 6 mos.
Wis. Stat. 973.01 (4m) (a); The department may discharge a person from extended supervision after he has served 2 years of extended supervision if the person has met the conditions of extended supervision and the reduction is in the interest of justice.
Wis. Stat. 973.01 (7) Discharge. The department of corrections shall discharge a person who is serving a bifurcated sentence from custody, control and supervision when the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (h), 302.1135 or 304.06 (1), if applicable.
943.20 (1) (B), 943.38 (2).
The department having determined that you have satisfied said judgment, it is ordered that effective July 27, 2012, you are discharged from said judgment only.
Persons committing crimes after April 9, 1990 may have a civil judgment issued for any unpaid restitution.
This legal document was signed by Gary H. Hamblin, Secretary, Department of Corrections, Wis. Statutes, Chapter 304 & 973, 09/04/2012. I received the certificate of freedom on October 1, 2012.
What do I do with this? Frame it? Or take action? Take Action!!
On October 4, 2012, at the regular meeting with the Texas Parole Agent, I provide him a copy of the Discharge Certificate. He contacts the Wisconsin Parole Agent. She states that there is a second case and the prisoner is aware that he is serving a second case "extended supervision" (parole). The record shows one case, 15 counts, two sentence structures; New Law and Truth-in-Sentencing (TIS).
The first thing you needed to do is examine Wis. Statutes, Chapter 304 & 973 that governs a Discharge Certificate when there is confusion. We also have to take a look at Chapter 302 that governs indeterminate sentences (New Law) and Chapter 973 that governs determinate sentences (TIS). Court Case #05CF63 consist of indeterminate sentences and determinate sentences. The Judgment of Conviction states: "IT IS ADJUDGED that the defendant is guilty as convicted and sentenced as follows: Count 2 (determinate sentence) 13 YR Concurrent to Count 1 (indeterminate sentence). As to counts 4, 5, 6, 7, 8, 9, 10, 11, and 12. Each count concurrent to each other and counts 1, 2, and 3.
This is what I found:
Wis. Stat. 302.11 (1); A person is subject to 302.11 if he is serving a bifurcated sentence under Wis. Stat. 973.01.
Wis. Stat. 302.11 (1); Mandatory Release: The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Mandatory release date is established at two-thirds of the sentence.
Wis. Stat. 304.01 mandates the parole commission to conduct interviews to consider parole eligibility of inmates created a generally protected liberty interest in parole. The statutory parole eligibility date entitlement is when an inmate has served 25%, a quarter of the sentence imposed for the offense, or 6 months whichever is greater.
Wis. Stat. 304.06; New Law Inmates (indeterminate sentences) are eligible for discretionary parole.
Person's liberty interest is protected by Due Process and Equal Protection Clause of Fifth and Fourteenth Amendments to the United States Constitution.
Wis. Stat. 304.078; Restoration of Civil Rights of Convicted Persons.
Wis. Stat. 304.078 (1) (a); "Imprisonment" includes parole and extended supervision.
Wis. Stat. 304.078 (2); Except as provided in sub (3), every person who is convicted of a crime obtains a restoration of his civil rights by serving out his term of imprisonment or otherwise satisfying his sentence. The certificate of the department...that a convicted person has served his sentence or otherwise satisfied the judgment against him is evidence of that fact and that person is restored to his civil rights. The department shall list in the person's certificate rights which have been restored and which have not been restored. persons who served out their terms of imprisonment or otherwise satisfied their sentence prior to August 14, 1947, are likewise restored to their civil rights from and after September 25, 1959.
Wis. Stat. 973.01 (2) (a); Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment specified in 939.50 (3).
Felony G - Imprisonment not to exceed 10 years. 5 yrs confinement and 5 yrs extended supervision.
Felony H - Imprisonment not to exceed 6 years. 3 yrs confinement and 3 yrs extended supervision.
Felony I - Imprisonment not to exceed 3 years 6 mos.
Wis. Stat. 973.01 (4m) (a); The department may discharge a person from extended supervision after he has served 2 years of extended supervision if the person has met the conditions of extended supervision and the reduction is in the interest of justice.
Wis. Stat. 973.01 (7) Discharge. The department of corrections shall discharge a person who is serving a bifurcated sentence from custody, control and supervision when the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (h), 302.1135 or 304.06 (1), if applicable.
Tuesday, March 12, 2013
What Do We Do Next
There are two legal matters that must be addressed:
(1) Tax evasion issues
(2) Discharge Certificate
The tax evasion case consist of three questions that shall be presented to a federal district court or the fifth or seventh federal circuit court. My attorneys and I are researching which is the appropriate court to file a writ of certiorari when challenging a state court decision. The questions under consideration at this point are:
(1) WHETHER THE UNITED STATES BILL OF RIGHTS, TAX PAYER BILL OF RIGHTS ACT OF 1988 AND 1998 BAR WISCONSIN DEPARTMENT OF REVENUE TAX INVESTIGATION AND ASSESSMENT WITHOUT NOTICE AND HEARING, AND IF THERE IS NO SUCH FEDERAL REMEDY, LEAVES THE PETITIONERS WITHOUT THE RIGHT TO A MEANINGFUL HEARING AT A MEANINGFUL TIME?
(2) WHETHER PETITIONERS, AGGRIEVED TAXPAYER'S CONTESTED CASE UNDER WISCONSIN CHAPTER 71 AND 227 PROCEEDINGS FOR JUDICIAL REVIEW PRECLUDE THE ENTRY OF SUMMARY JUDGMENT BY WISCONSIN TAX APPEAL COMMISSION?
(3) WHETHER THE WISCONSIN CIRCUIT COURT DECISION TO DISMISS AFTER THE 90 DAY REQUIREMENT, THE ACTIONS OF CLERK OF CIRCUIT COURT, CLERK OF THE TAX APPEALS COMMISSION AND THE CLERK TO CHIEF JUDGE IMPEDED PETITIONERS ACCESS TO THE COURT AFFECTED THE FAIRNESS OF THE PROCEEDINGS?
(1) Tax evasion issues
(2) Discharge Certificate
The tax evasion case consist of three questions that shall be presented to a federal district court or the fifth or seventh federal circuit court. My attorneys and I are researching which is the appropriate court to file a writ of certiorari when challenging a state court decision. The questions under consideration at this point are:
(1) WHETHER THE UNITED STATES BILL OF RIGHTS, TAX PAYER BILL OF RIGHTS ACT OF 1988 AND 1998 BAR WISCONSIN DEPARTMENT OF REVENUE TAX INVESTIGATION AND ASSESSMENT WITHOUT NOTICE AND HEARING, AND IF THERE IS NO SUCH FEDERAL REMEDY, LEAVES THE PETITIONERS WITHOUT THE RIGHT TO A MEANINGFUL HEARING AT A MEANINGFUL TIME?
(2) WHETHER PETITIONERS, AGGRIEVED TAXPAYER'S CONTESTED CASE UNDER WISCONSIN CHAPTER 71 AND 227 PROCEEDINGS FOR JUDICIAL REVIEW PRECLUDE THE ENTRY OF SUMMARY JUDGMENT BY WISCONSIN TAX APPEAL COMMISSION?
(3) WHETHER THE WISCONSIN CIRCUIT COURT DECISION TO DISMISS AFTER THE 90 DAY REQUIREMENT, THE ACTIONS OF CLERK OF CIRCUIT COURT, CLERK OF THE TAX APPEALS COMMISSION AND THE CLERK TO CHIEF JUDGE IMPEDED PETITIONERS ACCESS TO THE COURT AFFECTED THE FAIRNESS OF THE PROCEEDINGS?
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