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MATTER OF CONTEMPT IN STATE v. SIMMONS

No. 88-0831-CR.

150 Wis.2d 178 (1989)

441 N.W.2d 308

IN the MATTER OF the FINDING OF CONTEMPT IN STATE v. John SIMMONS: Brian McGEE, Appellant, v. RACINE COUNTY CIRCUIT COURT, the Honorable Jon B. Skow, presiding, Respondent.

Court of Appeals of Wisconsin.

Decided April 12, 1989.

Attorney(s) appearing for the Case

On behalf of the appellant, there were briefs and oral argument by Patricia K. Flood, assistant state public defender.

On behalf of the respondent, there were briefs by Donald J. Hanaway, attorney general, and James H. McDermott, assistant attorney general. Oral argument by James H. McDermott, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

Brian McGee appeals from judgments of commitment following findings of summary contempt. We hold that such appeals must be undertaken pursuant to the time constraints set forth in sec. 808.04(1), Stats. Because McGee initiated his appeal in an untimely fashion, this court lacks jurisdiction and we dismiss.

McGee was subpoenaed for the purpose of being the first state's witness in a trial for attempted first-degree murder. However, after the jury...

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