State Ex Rel. McMillian v. Dickey

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 in March 1974 mandating judicial review of his probation revocation, McMillian has yet to receive a judicial hearing on the merits in this…