The Office of the Chief Judge First Judicial District

On yesterday, August 21, I received confirmation from State Court dated August 16, 2013, that case number 2013CV006447 has been dismissed and my summons returned because the petition for writ of certiorari is DENIED.

Now, I have to decide whether to appeal the court's decision on the DISCHARGE CERTIFICATE issued by the Secretary of Wisconsin Prisons in accordance with Wis. Statutes, Chapter 304 and 973,dated 09/04/2012, ordered effective July 27, 2012 for Court Case #05CF63, sentenced November 9, 2005.  It is a legal document without any legal restraint of liberty, matter of fact, it restores the persons civil rights because he is discharged from his judgment of conviction, that's what the document states.

February 4, 2010, case no 05CF000063, the court stated " The defendant also asks the court to order the Department of Corrections to adhere to the mandatory release date on his pre-truth-in-sentencing sentences because he only has to serve two-thirds of those sentences...(in prison or confinement). That is not an issue for this court (sentencing court).  The Department of Correction has sole jurisdiction with regard to the calculation of release dates and the interplay between old law, new law, and truth-in-sentencing sentences.  The court has no authority to interfere in the computation of the defendants's sentence structure, and it cannot order the Department how to calculate his release  date."

Wis. Adm. Code DOC 302.22; Ambiguity in sentence; if a registrar is uncertain as to the terms of a sentence imposed on a resident, the register shall notify the court of the uncertainty in writing.  The register shall inform the resident of the legal services available at the institution to assist the resident.

The record shows a letter was dated December 28, 2005, to Judge Hansher and a letter was sent February 7, 2006.  There is no record of the court's response.

The Secretary of Wisconsin Prisons said the judgment in case 05CF63 is satisfied. The Wisconsin Parole agents and the Administrator for the division of parole said that's not true.  The court has sided with the parole division stating there is no cause of action dismissing the writ.  I must really give this some serious thought before proceeding.