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ZUEHL v. STATE

No. State 19.

69 Wis.2d 355 (1975)

230 N.W.2d 673

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

Supreme Court of Wisconsin.

Decided June 30, 1975.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender, and Garrett N. Kavanagh, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Robert W. Warren, attorney general, and Robert D. Martinson, assistant attorney general.

Submitted under sec. (Rule) 251.54 May 8, 1975.

BEILFUSS, J.

The only issue raised on appeal is whether the trial court abused its discretion in summarily denying defendant's motion for postconviction relief without a hearing.

Upon review of the record, we conclude that the trial court abused its discretion in summarily denying defendant's motion without a hearing.

Sec. 974.06, Stats., in part, provides...

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