On Point: 3. Prison mailbox rule

State ex rel Norman O. Brown v. Bradley, 2003 WI 14, on original petition for writ of habeas corpus
For Brown: Greg J. Carman

Issue/Holding:

¶1. The Petitioner, Norman O. Brown, seeks reinstatement of his petition for review which was previously dismissed as untimely filed. Brown contends that this court should apply retroactively the tolling rule for pro se prisoners that it adopted in State ex rel.

State of Wisconsin ex rel. Eugene Nichols v. Litscher, 2001 WI 119
For Nichols: Jeffrey O. Davis, Daniel J. LaFave

Issue: Whether a pro se prisoner’s petition for review may be accepted for filing in the supreme court, even though received after the filing deadline, where it was delivered to prison authorities for mailing before the deadline.

Holding:

¶11 We decline to interpret the term ‘file’