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B.M. v. STATE

No. 82-2268.

113 Wis.2d 183 (1983)

335 N.W.2d 420

IN MATTER OF a SUBPOENA DUCES TECUM ISSUED TO B.M., Movant-Petitioner, v. STATE of Wisconsin, John Doe and other persons unknown, Plaintiffs-Respondents.

Court of Appeals of Wisconsin.

Decided May 17, 1983.

Attorney(s) appearing for the Case

For the movant-petitioner the cause was submitted on the brief of Stephen M. Glynn of Shellow, Shellow & Glynn, S.C., of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Peter Cannon, assistant attorney general.

Before Wedemeyer, P. J., Decker and Moser, JJ.

WEDEMEYER, P. J.

B.M.1 appeals from an order of the trial court requiring him to produce his copies of his federal and state income tax returns and schedules from January 1, 1972, to the present pursuant to a subpoena duces tecum issued under the authority of a John Doe proceeding. We hold that the order violates the fifth amendment2 of the Constitution of the United States and article I, section 8(1)

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