Court Error – Sentence Administration

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WI Court of Appeals – District I

Case Name: State of Wisconsin Ex Rel. Gregory S. Gorak v. Michael Meisner

Case No.: 2017AP39

Officials: Kessler, Brash and Dugan, JJ.

Focus: Court Error – Sentence Administration

Gregory Gorak appeals from a circuit court order denying and dismissing his petition for a writ of habeas corpus, an order denying his motion for reconsideration, and an order denying his motion to vacate or expunge those two orders. Gorak argues that the circuit court lacked jurisdiction to review his petition for a writ of habeas corpus because his “entire circuit court record” was before this court on appeal. He also argues that the circuit court erred in finding that his claims were procedurally barred because he contends that they have not all been previously litigated and resolved.

While we agree with the circuit court that it did not lack jurisdiction over the petition for a writ of habeas corpus, we find that not all of Gorak’s claims here are procedurally barred, specifically those that relate to the administration of his sentence by the Department of Corrections (DOC). We therefore affirm in part, reverse in part, and remand to the circuit court for consideration of those arguments.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.