District IV
July 28, 2014
To:
Hon. Alan J. White
Circuit Court Judge
400 DeWitt St., P. O. Box 587
Portage, WI 53901-2157
Susan K. Raimer
Clerk of Circuit Court
Columbia County Courthouse
400 DeWitt St., P.O. Box 587
Portage, WI 53901-2157
Jonathan M. Nitti
Legal Counsel Office
Wisconsin Department of Corrections
P. O. Box 7925
Madison, WI 53707-7925
Abigail Potts
Assistant Attorney General
P. O. Box 7857
Madison, WI 53707
Columbia Correctional Institution
P.O. Box 950
Portage, WI 53901-0950
Dept. of Justice, Civil Litigation Unit
P.O. Box 7857
Madison, WI 53707-7857
Eddie Gene Evans 085653
Columbia Corr. Inst.
P.O. Box 900
Portage, WI 53901-0900
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin ex rel. Eddie Gene Evans v. Michael Meisner (L.C. #2012CV462) |
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Before Blanchard, P.J., Lundsten and Kloppenburg, JJ.
Eddie Evans appeals an order of the circuit court dismissing Evans’ petition for writ of habeas corpus. Based upon our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21 (2011-12).[1] We summarily affirm.
Evans filed a petition for writ of habeas corpus in the circuit court, asking the court to dismiss a detainer issued against him by the State of Louisiana. The state moved to dismiss the petition and quash the writ. The court granted the motion, and Evans now appeals.
On appeal, Evans argues that the procedure set forth in the Interstate Agreement on Detainers (IAD) was not followed in the documentation and issuance of the Louisiana detainer. See Wis. Stat. §§ 976.05, 976.06. However, as the State points out in its brief, the problem with this argument is that the IAD does not apply in this case.
The IAD applies only to “detainers lodged against prisoners that are based on untried indictments, informations or complaints.” State ex rel. Pharm v. Bartow, 2007 WI 13, ¶24, 298 Wis. 2d 702, 727 N.W.2d 1 (emphasis in original). In this case, the State of Louisiana is not seeking Evans to return for an untried indictment, information, or complaint, but rather to serve the consecutive remaining balance of his prison term resulting from the revocation of his parole. Accordingly, the circuit court properly dismissed Evans’ petition for writ of habeas corpus and quashed the writ.
IT IS ORDERED that the order is summarily affirmed under Wis. Stat. Rule 809.21(1).
Diane M. Fremgen
Clerk of Court of Appeals