Probation and Parole – jurisdiction — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Probation and Parole – jurisdiction — ineffective assistance

Gerald Porter appeals from a circuit court order quashing his petition for writ of habeas corpus. Porter’s petition alleged ineffective assistance of revocation counsel on the grounds that his counsel did not investigate the lifting of Porter’s parole hold, nor did revocation counsel file a petition for writ of certiorari contending that the Department of Corrections (“the Department”) lost jurisdiction to revoke Porter’s parole when the parole hold was lifted. Porter also argues that the Department lost jurisdiction over him when it issued a discharge certificate, stating that his sentence had been completed. Because we conclude that the Department did not lose jurisdiction over Porter when it lifted Porter’s parole hold, we affirm the circuit court. However, because the circuit court did not make factual findings as to the circumstances surrounding the issuance of the discharge certificate, we remand to the circuit court for a fact-finding hearing on that issue. Not recommended for publication in the official reports.

2011AP308 State ex rel. Porter v. Cockroft, et al.

Dist I, Milwaukee County, Siefert, J., Kessler, J.

Attorneys: For Appellant: Redding, Joseph E., Milwaukee; For Respondent: Pray, Eileen W., Madison