Legal Opinion

State Ex Rel. Perry v. Wolke

Wisconsin Supreme Court

Decided January 28, 1976No. 75-464PublishedCited by 14 opinions

1Opinion of the CourtHeffernan, J.

This is an original action for a writ of habeas corpus. The petitioner challenges the authority of a judicial court commissioner to conduct a preliminary examination and to order the petitioner held for trial. The position of judicial court commissioner was created by sec. 256.68, Stats., effective June 16, 1974. We conclude that the petitioner is correct in his assertion and that the power exercised in the instant case to bind the defendant over for trial on a felony charge was beyond the power granted to judicial court commissioners by the 1974 revision of the statutes.

It is agreed by the…

2Cases cited19 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Johnson v. New JerseySupreme Court of the United States · 1966
  5. Williams v. United StatesSupreme Court of the United States · 1971

14 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. WashingtonWisconsin Supreme Court · 1978
  2. State v. BanksWisconsin Supreme Court · 1981
  3. State Ex Rel. McCaffrey v. ShanksCourt of Appeals of Wisconsin · 1985
  4. State v. WolvertonWisconsin Supreme Court · 1995
  5. State v. WilliamsWisconsin Supreme Court · 2012

9 more not listed; retrieve them via the Exa API.

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