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STATE v. BROOKS

No. 82-1280-CR.

113 Wis.2d 347 (1983)

335 N.W.2d 354

STATE of Wisconsin, Plaintiff-Appellant, v. Albert E. BROOKS, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided July 1, 1983.

Attorney(s) appearing for the Case

For the petitioner there were briefs and oral argument by Mark Lukoff, first assistant state public defender.

For the plaintiff-appellant the cause was argued by Bruce J. Landgraf, assistant district attorney for Milwaukee county, with whom on the brief was E. Michael McCann, district attorney.

Reversing 109 Wis.2d 699, 327 N.W.2d 724 (Ct. App.).

HEFFERNAN, J.

This is a review of an unpublished decision of the court of appeals dated November 22, 1982, which held that the circuit court for Milwaukee county, THOMAS P. DOHERTY, Judge, abused its discretion when it dismissed a proceeding charging Albert E. Brooks with unlawfully refusing to submit to a chemical-intoxication test required by the provisions of sec. 343.305, Stats., the implied consent...

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