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KARLIN v. STATE

No. State 157.

47 Wis.2d 452 (1970)

177 N.W.2d 318

KARLIN, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided June 5, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Clark, Rankin, Nash, Spindler & Dean and Paul H. Grimstad, all of Manitowoc, and oral argument by Mr. Grimstad.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and Robert E. Koutnik, district attorney of Manitowoc county.

HEFFERNAN, J.

The only point raised on this appeal is whether a disqualifying and prejudicial conflict of interest ipso facto results when a part-time city attorney is appointed to represent a defendant in a state-prosecuted criminal action. The ultimate question, of course, is whether the conflict, if any, which may arise from this situation amounts to a denial of the defendant's sixth amendment right to effective representation by counsel. The denial of such right...

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