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STATE EX REL. MATALIK v. SCHUBERT

No. State 148.

57 Wis.2d 315 (1973)

204 N.W.2d 13

STATE EX REL. MATALIK, Petitioner, v. SCHUBERT, Superintendent, Respondent.

Supreme Court of Wisconsin.

Decided February 8, 1973.

Attorney(s) appearing for the Case

For the petitioner there was a brief and oral argument by Howard B. Eisenberg, state public defender.

For the respondent the cause was argued by William A. Platz, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

WILKIE, J.

Three issues are raised by this petition:

1. Did petitioner have a constitutional right to a jury determination on the question of his competency to stand trial?

2. Was petitioner denied due process of law at the hearing which was held to determine his competency to stand trial?

3. Is petitioner now entitled to have proceedings instituted similar to those prescribed by ch. 51, Stats., for...

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