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COURT OF APPEALS DECISION DATED AND RELEASED June 13, 1996 |
NOTICE |
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A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and
Rule 809.62, Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
No. 94-3270
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT IV
STATE OF WISCONSIN EX
REL.
ROBERT CARLSON,
Petitioner-Appellant,
v.
GARY R. MCCAUGHTRY,
SUPERINTENDENT,
Respondent-Respondent.
APPEAL from an order of
the circuit court for Dodge County:
THOMAS W. WELLS, Reserve Judge. Affirmed.
Before Eich, C.J.,
Gartzke, P.J., and Vergeront, J.
PER
CURIAM. Robert Carlson appeals from an order affirming the
adjustment committee's decision finding him guilty of sexual conduct and
threats, in violation of Wis. Adm. Code
§§ DOC 303.15 and
303.16. The issues are whether: (1) Carlson was entitled to conduct
discovery of the confidential informants and the investigator; (2) Carlson was
denied the right to call witnesses to testify at the disciplinary hearing; (3)
there was substantial evidence supporting the adjustment committee's decision;
and (4) his advocate had a conflict of interest. We conclude that: (1) the
requisites of Wis. Adm. Code
§§ DOC 303.81 and 303.86
were met, and Carlson was not entitled to further discovery; (2) Carlson
waived his right to call witnesses;[1]
(3) there was substantial evidence supporting the adjustment committee's
decision; and (4) his advocate did not have a conflict of interest, even if
Carlson had timely raised the issue.[2] Therefore, we affirm.
The trial court applied
the proper legal standards to the relevant facts and reached the correct
decision. Therefore, we incorporate the
trial court's memorandum decision and affirm its order.[3] See Wis.
Ct. App. IOP VI(5)(a) (June 13, 1994) (court of appeals may adopt
the trial court's opinion).
By the Court.—Order
affirmed.
This opinion will not be
published. See Rule 809.23(1)(b)5, Stats.
AN EXHIBIT HAS BEEN ATTACHED
TO THIS OPINION. THE EXHIBIT CAN BE
OBTAINED UNDER SEPARATE COVER BY CONTACTING THE WISCONSIN COURT OF
APPEALS.
COURT OF APPEALS
OF WISCONSIN
ROOM 231, STATE CAPITOL EAST
POST OFFICE BOX 1688
MADISON, WISCONSIN
53701-1688
TELEPHONE: (608) 266-1880
FAX: (608) 267-0640
Marilyn L. Graves, Clerk
Court of Appeals
[1] Exhibit E to Carlson's appendix is correspondence dated March 14 or 24, 1994, in which he requests unidentified staff members to testify as witnesses. However, we cannot consider this correspondence because it is not in the record of the disciplinary proceedings reviewed by the trial court. See, e.g., State ex rel. Conn v. Board of Trustees, 44 Wis.2d 479, 482, 171 N.W.2d 418, 420 (1969).