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STATE EX REL. MCMILLIAN v. DICKEY

No. 85-1198.

132 Wis.2d 266 (1986)

392 N.W.2d 453

STATE of Wisconsin EX REL. Oscar Bill McMILLIAN, Petitioner. v. Walter DICKEY, Administrator; Warren Young, Superintendent; and Department of Health & Social Services, Division of Corrections, Respondents.

Court of Appeals of Wisconsin.

Decided June 11, 1986.

Attorney(s) appearing for the Case

For the petitioner, the cause was submitted on briefs, pro se.

For the respondents, the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and John J. Ginski, assistant attorney general.

Before Brown, P.J., Nettesheim and Moser, JJ.

NETTESHEIM, J.

Oscar B. McMillian appeals from an order of the circuit court denying relief in Mc-Millian's habeas corpus and certiorari actions. We affirm the circuit court's denial of habeas corpus relief to McMillian. We construe a portion of McMillian's writ of certiorari action as a further habeas corpus proceeding and grant habeas relief to McMillian. We premise this holding upon the following undisputed historical fact: Despite obtaining a writ of certiorari...

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