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STATE v. BARRETT

Nos. 77-641-CR, 78-133-W.

89 Wis.2d 367 (1979)

280 N.W.2d 114

STATE, Plaintiff in error, v. BARRETT, Defendant in error. STATE EX REL. CHOLKA, Appellant, v. JOHNSON, Sheriff of Jackson County, Respondent.

Supreme Court of Wisconsin.

Decided May 16, 1979.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was argued by Edward S. Marion, assistant attorney general. [Case No. 77-641-CR.]

For the defendant in error the cause was argued by Ruth S. Downs, assistant state public defender. [Case No. 77-641-CR.]

For the appellant the cause was argued by Michael Klos, assistant attorney general. [Case No. 78-133-W.]

For the respondent the cause was argued by Michael Pritchard, Wisconsin Indian Legal Services of Madison. [Case No. 78-133-W.]

PER CURIAM.

The question presented is whether the recent constitutional amendment and implementing legislation which established the court of appeals authorizes the state to seek further review of a decision of the court of appeals in a criminal matter, or in a habeas corpus proceeding arising out of a criminal prosecution which results in the discharge of the defendant.

In case No. 77-641-CR, the court of...

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