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STATE EX REL. RABE v. FERRIS

No. 80-327-W.

97 Wis.2d 63 (1980)

293 N.W.2d 151

STATE EX REL. David W. RABE, Petitioner-Appellant, v. William FERRIS, Sheriff, Dane County, and Bronson C. La Follette, Attorney General, Respondents.

Supreme Court of Wisconsin.

Decided June 27, 1980.

Attorney(s) appearing for the Case

For the petitioner the cause was argued by William F. Bauer, assistant state public defender, with whom on the briefs was John E. Tradewell, assistant state public defender.

For the respondents the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

BEILFUSS, C.J.

This is an original action for a writ of habeas corpus whereby petitioner David W. Rabe seeks release from the Dane County jail pending his trial on four counts of homicide by intoxicated use of a motor vehicle contrary to sec. 940.08, Stats.

The facts, as stipulated by the parties, are substantially as follows: Petitioner Rabe has been confined in the Dane County jail awaiting trial since April 9, 1979. During this time Rabe has been unable...

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