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ZDIARSTEK v. STATE

No. State 101.

53 Wis.2d 420 (1972)

192 N.W.2d 833

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

Supreme Court of Wisconsin.

Decided January 4, 1972.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Donald J. Hanaway and Condon & Hanaway, all of Green Bay, and oral argument by Donald J. Hanaway.

For the defendant in error the cause was argued by Richard J. Boyd, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

Before considering the several issues raised by the writ of error in this case it should be noted that postconviction motions were made here under sec. 974.06, Stats., even though the prosecution was commenced well before July 1, 1970. The trial court correctly noted this but nevertheless took jurisdiction of these motions since it denied them. We review the denial of these postconviction motions on the merits...

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