Court's July 24, 2013 Decision and Order

Let's have a look at the courts reasoning:

"Because there was no hearing on the complaint, only an exchange of correspondence, and because the court has the entire record, there is no need to issue a writ to obtain the record".

This was more than an "exchange of correspondence". This was an action pursuant to DOC 328.11 (6) Supervisor's Investigation and Decision, more than a mere letter writing exercise. It is a required procedure of "Administrative Exhaustion" when a client such as citizen Lee challenges an administrative decision effecting his civil rights, his liberty, his right to be free.

The court concluded that the "discharge certificate is ambiguous because it does not set forth the specific counts in 05CF63 for which sentences have been completed".

The discharge certificate does set forth the Wisconsin Statutes that citizen Lee was found guilty of violating.  The discharge certificate set forth the following:  "you were sentenced to Wisconsin State Prison on November 9, 2005,...court case #05CF63, after being found guilty of violating Wisconsin Statute (s) 943.20 (1) (B), 943.38 (2).  The department having determined that you satisfied said judgment, it is ordered that effective July 27, 2012, you are discharged from said judgment only".  Signed by the Secretary of Wisconsin Prisons.

The court concluded that "the judgments of convicton for case 05CF63 clearly reflect that the sentences for courts 4 through 12 are still running".  "Thirteen year sentences were imposed on those counts, bifurcated into seven years of initial confinement and six years of extended supervision".  "The discharge certificate applies only to counts 1 and 3, and arguably counts 13, 14, and 15, although those sentences expired in November of 2008 for which he should have received a discharge certificate previously".

Now, let's look at the judgments of conviction for case 05CF63.  This case structure consist of indeterminate sentences and determinate sentences.  When there are indeterminate sentences the parole board determines how much time will be confinement and how much will be parole.  When there are determinate sentences the court determines how much time is confinement and how much is extended supervision.  the judgment of conviction states that; "count 1 indeterminate sentence...10/27/2010 total of 102 days credit on all concurrent counts, count one through fifteen; case no. 2005CF000063; count 2 determinate sentence 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.

The court further states "It would have been better if the department had designated the specific counts which the discharge certificate applied.  Suffice it to say that petitioner's civil rights will not be reinstated until all of sentences in case 05CF63 have expired and a discharge certificate issues for the remaining counts (4-12).  Because the petitioner has not set forth a valid claim for relief, his petition is denied".