SMITH v. STATE

No. State 144.

60 Wis.2d 373 (1973)

210 N.W.2d 678

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

Supreme Court of Wisconsin.

Decided October 2, 1973.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs and oral argument by Howard B. Eisenberg, state public defender.

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


ROBERT W. HANSEN, J.

We will review step-by-step the procedure followed by the trial court in dealing with defendant's motion for postconviction relief. By so doing we will encounter the challenges to such procedure at the stage of the proceedings to which they are directed.

Filing of petition. When defendant's motion for post-conviction relief was filed, the trial court faced the threshold inquiry as to whether the motion and the files and records...

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