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TINTI v. WAUKESHA COUNTY CIRCUIT CT.

No. 90-2145-W.

159 Wis.2d 783 (1990)

464 N.W.2d 853

STATE of Wisconsin EX REL. Jerome W. TINTI, Petitioner. v. CIRCUIT COURT FOR WAUKESHA COUNTY, Branch 2, the Honorable Mark S. Gempeler, Presiding, and State of Wisconsin, Respondents.

Court of Appeals of Wisconsin.

Decided December 19, 1990.

Attorney(s) appearing for the Case

For the petitioner, there was a petition for supervisory writ and oral argument by Leonard Schulz of Law Offices of Leonard W. Schulz of Big Bend.

For the respondent, there was a response to the petition for supervisory writ and oral argument by Kevin M. Osborne, assistant district attorney for Waukesha county.

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

NETTESHEIM, P.J.

This is an original action in prohibition seeking to bar the Honorable Mark S. Gempeler from presiding in any further proceedings in an underlying criminal prosecution against the petitioner, Jerome W. Tinti. Judge Gempeler determined that a substitution of judge filed by Tinti's counsel was not timely under sec. 971.20(4), Stats. We disagree. Therefore, we grant Tinti's petition for a writ of prohibition.

PROCEDURAL FACTS OF THE CASE

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