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STATE v. LEE

No. 81-227.

108 Wis.2d 1 (1982)

321 N.W.2d 108

STATE of Wisconsin, Plaintiff-Respondent, v. John Lewis LEE, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 2, 1982.

Attorney(s) appearing for the Case

For the defendant-petitioner there was a brief (in court of appeals) and a reply brief (in supreme court) by Ben Kempinen, supervising attorney, Legal Assistance to Institutionalized Persons Program, of Madison, and oral argument by Mr. Kempinen.

For the plaintiff-respondent the cause was argued by Sally L. Wellman, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Amicus curiae brief was filed by David E. Schultz, of Madison, Reporter, Wisconsin Criminal Jury Instructions Committee.

Affirming 105 Wis.2d 759, 317 N.W.2d 511.

BEILFUSS, C.J.

This is a review of a decision of the court of appeals which affirmed an order denying a motion for a new trial pursuant to sec. 974.06(1), Stats.1

The petitioner, John Lewis Lee, was convicted of first-degree murder in 1972. His conviction was affirmed by this court in 1974 in Lee v. State, 65 Wis...

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