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