Lange v. Weber

MILLER, Chief Justice.

[¶ 1.] The habeas judge dismissed Mary Lange’s application for writ of habeas corpus as frivolous. He then issued a certificate of probable cause in order to permit her to appeal. Because we hold that dismissing a habeas petition on the basis of frivolity is not reconcilable with the subsequent issuance of a certificate of probable cause, we reverse, strike the certificate of probable cause and remand to the trial court for reconsideration under the guidelines we now establish.

FACTS

[¶ 2.] Mary Lange, a/k/a Mary Disbrow or Mary Roggenkamp, was convicted in *274April 1976 of…