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STATE EX REL. PAYTON v. KOLB

Nos. 86-1230, 86-0787.

135 Wis.2d 202 (1986)

400 N.W.2d 285

STATE EX REL. Anthony M. PAYTON, Petitioner-Appellant, v. Darrell A. KOLB, Superintendent, Fox Lake Correctional Institution, and State of Wisconsin, Defendants-Respondents. Thomas CORNELIUS, Plaintiff-Appellant, v. Donald L. QUATSOE, and Wisconsin State Parole Board, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 6, 1986.

Attorney(s) appearing for the Case

For the petitioners-appellants the cause was submitted on the motions of Anthony M. Payton, pro se, and Thomas Cornelius, pro se, of Waupun.

A response on behalf of the State Public Defender was filed by Kenneth P. Casey, assistant state public defender.

Before Gartzke, P.J., Dykman and Eich, JJ.

PER CURIAM.

Anthony Payton and Thomas Cornelius are prison inmates. Each requests that we appoint counsel to represent him on his appeal. We referred each request for counsel to the public defender. The public defender has declined to act as appellate counsel for either Payton or Cornelius.1 We conclude that the public defender has not abused its discretion under sec. 977.05(4)(j), Stats., and that neither Payton nor Cornelius has a constitutional...

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