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IN RE WIS. FAMILY COUNSELING SERVICES v. STATE

No. 79-1122.

95 Wis.2d 670 (1980)

291 N.W.2d 631

IN MATTER of a Certain Subpoena Duces Tecum Issued to WISCONSIN FAMILY COUNSELING SERVICES, INC., and Jeffrey Knepler, Movants-Appellants, v. STATE of Wisconsin, Plaintiff-Respondent, John Doe and Other Persons Unknown, Defendants.

Court of Appeals of Wisconsin.

Decided March 21, 1980.

Attorney(s) appearing for the Case

For the movants-appellants, the cause was submitted on the briefs of John A. Fiorenza and Dominic S. Amato and Fiorenza, Weiss, Amato, Hodan & Belongia, S.C., of Milwaukee.

For the plaintiff-respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general, with whom on the brief was Fredric E. Matestic, assistant district attorney, Milwaukee County.

Before Decker, C.J., Moser, P.J., and Cannon, J.

DECKER, C.J.

Appellants raise three issues on appeal: (1) must the circuit court make a finding of probable cause or reason to believe that a crime has been committed within the court's jurisdiction before that court becomes vested with subject matter jurisdiction to commence a John Doe proceeding under sec. 968.26, Stats.; (2) must the initiating petition, transcript, or documents used to invoke the circuit court's John...

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