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STATE v. GARNER

No. State 167.

54 Wis.2d 100 (1972)

194 N.W.2d 649

STATE, Respondent, v. GARNER, Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by James R. Scott and Stuart E. Schmitz, Milwaukee Legal Services.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HALLOWS, C. J.

Garner claims he was entitled to a new judge at his second revocation hearing, either by virtue of sec. 971.20, Stats., or because Judge SERAPHIM should have disqualified himself for actual bias and prejudice. Prior to the adoption of the Criminal Procedure Code, it was necessary to file an affidavit of prejudice in a criminal suit, but by virtue of sec. 971.20, effective July 1, 1970, an accused may disqualify...

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