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STATE EX REL. WARRINGTON v. SHAWANO CTY. CIR. CT.

No. 80-1167-W.

100 Wis.2d 726 (1981)

303 N.W.2d 590

STATE EX REL. Hillary WARRINGTON, Petitioner, v. CIRCUIT COURT FOR SHAWANO COUNTY the Honorable Michael G. Eberlein, Circuit Court Judge, presiding, and Paul M. Cornett, district attorney, Respondents.

Supreme Court of Wisconsin.

Decided March 31, 1981.

Attorney(s) appearing for the Case

For the petitioner there was a brief and oral argument by Daniel W. Linehan of Madison.

For the respondents the cause was argued by Theodore L. Priebe, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Reversing and remanding Court of Appeals opinion not submitted for publication.

HEFFERNAN, J.

This review presents the question whether a judge who is assigned to hear a case at the close of preliminary hearing is, under sec. 971.20(1), Stats., "the judge assigned to the trial of that case," who may be substituted by request of the defendant at any time before arraignment or before motions made before that judge, or whether the judge assigned after the preliminary...

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