2017 Wisconsin Statutes & Annotations
Chapter 782. Habeas corpus.
782.09 Refusal of writ.

Universal Citation: WI Stat § 782.09 (2017)

782.09 Refusal of writ. Any judge who refuses to grant a writ of habeas corpus, when legally applied for, is liable to the prisoner in the sum of $1,000.

History: 1979 c. 32 s. 59; 1979 c. 176, 355; Stats. 1979 s. 782.09.

Comity between circuit courts was not a sufficient reason to refuse to issue a writ but, under the facts of the case, the penalty under this section was inappropriate. J.V. v. Barron, 112 Wis. 2d 256, 332 N.W.2d 796 (1983).

The filing of a petition for a writ with the clerk of courts is a prerequisite to an action against a judge under this section. Maier v. Byrnes, 121 Wis. 2d 258, 358 N.W.2d 833 (Ct. App. 1984).

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