District IV

 


July 22, 2013 


To:


Hon. Guy D. Dutcher

Circuit Court Judge

Waushara County Courthouse

209 S Saint Marie St

Wautoma, WI 54982

 

Melissa M. Zamzow

Clerk of Circuit Court

Waushara County Courthouse

P.O. Box 507

Wautoma, WI 54982


Crystal A. Banse

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

 

Kevin C. Potter

Assistant Attorney General

P.O. Box 7857

Madison, WI 53707-7857

 

Dennis Lee Hohol 436152

Redgranite Corr. Inst.

P.O. Box 925

Redgranite, WI 54970-0925


 

You are hereby notified that the Court has entered the following opinion and order: 

 

 

 

 

 

 

 

2012AP846

Dennis Lee Hohol v. Michael Dittman, State of Wisconsin and Attorney Lloyd Carter  (L.C. # 2011CV257)

 

 

 


Before Lundsten, P.J., Sherman and Blanchard, JJ.  

Dennis Hohol, pro se, appeals an order quashing his petition for a writ of certiorari to review the denial of parole.  Upon our review of the parties’ briefs and the record, we conclude at conference that the order should be summarily affirmed.  See Wis. Stat. Rule 809.21 (2011-12).[1]

Hohol’s brief on appeal is so lacking in organization and substance that his arguments are incomprehensible.  He cites numerous cases that do not support the propositions for which they are cited.  We will not abandon our neutrality by making Hohol’s arguments for him.  See State v. Gulrud, 140 Wis. 2d 721,730, 412 N.W.2d 139 (Ct. App. 1987).  Accordingly, we affirm the circuit court on the basis that Hohol’s argument is insufficiently developed.

We note that, even if we were to address the merits, the circuit court unquestionably appropriately dismissed the action.  The petition was not filed within forty-five days of the decision he challenges as required by Wis. Stat. § 893.735(2).  It was not filed in the county where Hohol was convicted of the offense for which he is currently incarcerated as required by Wis. Stat. § 801.50(5), and the petition improperly named the warden of the correctional facility and the assistant district attorney who prosecuted Hohol as defendants rather than the final decisionmaker, the chairperson of the parole commission.  See §§ 301.03(3), 304.01; Wis. Admin. Code §§ PAC 1.03(5), 1.07 (Dec. 2011). 

IT IS ORDERED that the order is summarily affirmed under Wis. Stat. Rule 809.21(1).


 

Diane M. Fremgen

Clerk of Court of Appeals



[1]  All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.