State Ex Rel. Dowe v. Circuit Court for Waukesha County

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 bindover is made by a court commissioner and is reviewable by a circuit judge. Because we believe a motion to dismiss provides an adequate remedy to…