STATE EX REL. KANIESKI v. GAGNON

No. State 122.

54 Wis.2d 108 (1972)

194 N.W.2d 808

STATE EX REL. KANIESKI, Petitioner, v. GAGNON, Warden, Respondent.

Supreme Court of Wisconsin.

Decided March 2, 1972.


Attorney(s) appearing for the Case

For the petitioner there were briefs and oral argument by Charles D. Hoornstra of Madison.

For the respondent the cause was argued by Mary V. Bowman, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general, and Sverre O. Tinglum, assistant attorney general.


WILKIE, J.

Two issues are presented by this petition:

1. What is the scope of this court's review in this habeas corpus proceeding?

2. Was the evidence sufficient to sustain the conviction?

Scope of review.

An action for habeas corpus is a collateral proceeding which normally can be used to raise questions concerning the jurisdiction of the convicting court, the validity of the conviction as against a charge that the law under...

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