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STATE EX REL. DOWE v. WAUKESHA COUNTY CIR. CT.

No. 92-1347.

184 Wis.2d 724 (1994)

516 N.W.2d 714

STATE of Wisconsin EX REL. Larry R. DOWE, Petitioner-Appellant-Petitioner, v. CIRCUIT COURT FOR WAUKESHA COUNTY and Court Commissioner Donald J. Hassin, Presiding, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 15, 1994.

Attorney(s) appearing for the Case

For the petitioner-appellant-petitioner there were briefs by Wilfred P. de Junco, Bryan J. Borman, assistant state public defenders and oral argument by Wilfred P. de Junco.

For the respondents-respondents there cause was argued by Daniel J. O'Brien, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

WILLIAM A. BABLITCH, J.

Larry S. Dowe (Dowe) seeks review of a court of appeals' decision holding that habeas corpus is not available to challenge the sufficiency of the evidence used to support the court commissioner's decision to bind Dowe over for trial. The court of appeals concluded that other adequate remedies at law exist to challenge the bindover and, therefore, habeas corpus is not available. The court limited its holding, however, to situations where the...

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