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Albert D. Moustakis v. Wisconsin Department of Justice

Paid petition · Court of Appeals of Wisconsin, District III, No. 2018AP373 · judgment May 7, 2019


Certiorari denied · January 21, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

1.) Whether the common law writ of mandamus may be issued when a public official exercises discretion outside the constraints placed upon the discretionary act through case law? 2.) Whether strict scrutiny is the appropriate standard of review for a legislative act restricting access to the courts for a right of pre-release judicial review of public records recognized under the Wisconsin Open Records laws (Wis. Stat. § 19.31, et. seq.)?

Counsel of record

For petitioner
Scott Alexander Swid
Swid Law Offices, LLC

For respondent
Anthony David Russomanno
Wisconsin Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2020
    Petition DENIED.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Dec 27 2019
    Waiver of right of respondent Steven M. Lucarelli to respond filed.
  4. Dec 16 2019
    Waiver of right of respondent WI DOJ, et al. to respond filed.
  5. Nov 27 2019
    Petition for a writ of certiorari filed. (Response due January 2, 2020)