State Ex Rel. McCaffrey v. Shanks

Deborah McCaffrey has petitioned the court of appeals for a writ of habeas corpus to review her bindover for trial on a charge of violating sec. 161.41 (lm), Stats., possession of a controlled substance with intent to deliver, party to a crime, sec. 989.05, Stats., a felony. She alleges in her petition that the criminal complaint is based on evidence obtained through an invalid search warrant, fails to state sufficient facts to constitute probable cause, and that the evidence at the preliminary hearing was insufficient to bind her over for trial.

We hold that habeas corpus may be sought…