STATE v. DEKKER

No. 82-1066-CR.

112 Wis.2d 304 (1983)

332 N.W.2d 816

STATE of Wisconsin, Plaintiff-Appellant, v. James DEKKER, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. George KALT, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 7, 1983.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Marguerite M. Moeller, assistant attorney general.

For the defendants-respondents the cause was submitted on the brief of Gerald P. Boyle and Roland Steinle, Jr., for James Dekker, and Richard Surges for George Kalt, all of Milwaukee.

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


MOSER, P.J.

The State appeals from a memorandum decision1 of the trial court entered April 26, 1982, dismissing the criminal complaints against James Dekker (Dekker) and George Kalt (Kalt). The trial court's decision derives from Dekker's and Kalt's motion to dismiss the complaints.2 The complaints allege that Dekker and Kalt, as public employees, intentionally failed to perform a known mandatory, nondiscretionary...

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