STATE v. HOLMES

Nos. 81-1669-CR, 81-1774-W.

106 Wis.2d 31 (1982)

315 N.W.2d 703

STATE of Wisconsin, Plaintiff-Appellant, v. Michael B. HOLMES, Defendant-Appellant, Honorable Robert O. WEISEL, Respondent. STATE EX REL. Darian HUDSON, Petitioner, v. MILWAUKEE COUNTY CIRCUIT COURT, BRANCH 34, Honorable Ralph Adam Fine, presiding, Milwaukee County Clerk of Circuit Court, Criminal Felony Division, Respondents, STATE of Wisconsin, Intervenor-Respondent.

Supreme Court of Wisconsin.

Decided February 2, 1982.


Attorney(s) appearing for the Case

For the plaintiff the cause was argued by David J. Becker, with whom on the briefs was Bronson C. La Follette, attorney general. [Case No. 81-1669-CR.]

For the defendant there was a brief and oral argument by Brent J. Hammarback of Spring Valley. [Case No. 81-1669-CR.]

For the respondent there was a brief by David L. Walther, John Sundquist and Walther & Halling of Milwaukee, and oral argument by David L. Walther. [Case No. 81-1669-CR.]

Amicus curiae brief was filed by John C. Mitby, Steven J. Schooler and Brynelson, Herrick, Gehl & Bucaida of Madison, for State Bar of Wisconsin and the Litigation Section of the State Bar of Wisconsin. [Case No. 81-1669-CR.]

For the petitioner there was a brief and oral argument by Harvey Goldstein of Milwaukee. [Case No. 81-1774-W.]

For respondent, Honorable Ralph Adam Fine, there was a brief by David L. Walther, John Sundquist and Walther & Halling of Milwaukee, and oral argument by David L. Walther. [Case No. 81-1774-W.]

For intervenor-respondent the cause was argued by Daniel S. Farwell, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general. [Case No. 81-1774-W.]


Case No. 81-1669-CR on certification from Court of Appeals.

Case No. 81-774-W on by-pass from Court of Appeals.

SHIRLEY S. ABRAHAMSON, J.

Each defendant filed a request for substitution of judge in a timely manner and in proper form pursuant to sec. 971.20, Stats. 1979-80. Each circuit court denied the request on the ground that sec. 971.20 is an unconstitutional legislative interference with the functioning...

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