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STATE v. GAVIGAN

No. 81-1735-CR.

111 Wis.2d 150 (1983)

330 N.W.2d 571

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Michael John GAVIGAN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 1, 1983.

Attorney(s) appearing for the Case

For the plaintiff-petitioner the cause was argued by Michael R. Klos, assistant attorney general, with whom on the brief (in court of appeals) was Bronson C. La Follette, attorney general.

For the defendant-appellant there was a brief (in this court) and oral argument by Donna L. Hintze, assistant state public defender.

Reversing 107 Wis.2d 748, 322 N.W.2d 701 (Ct.App.).

WILLIAM G. CALLOW, J.

This review arises out of an unpublished decision of the court of appeals which reversed a judgment of conviction for second-degree sexual assault and remanded the matter to the circuit court for a new trial. The judgment of conviction was entered by the circuit court for Milwaukee County, Judge Michael J. Skwierawski.

On August 31, 1980, S.E., an adult, reported to the police...

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