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STATE v. SCHOBER

No. 91-1145-CR.

167 Wis.2d 371 (1992)

481 N.W.2d 689

STATE of Wisconsin, Plaintiff-Respondent, v. T. Michael SCHOBER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 26, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Stephen M. Glynn and Robert R. Henak of Shellow, Shellow & Glynn, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and William L. Gansner, assistant attorney general.

An amicus curiae brief was submitted by William F. Hue, special prosecutor, of Jefferson.

Before Eich, C.J., Brown and Anderson, JJ.

BROWN, J.

The major issue in this case is whether a trial court has the power to grant a special prosecutor's motion to dismiss a criminal prosecution commenced by a judge after a John Doe investigation. The trial court held, in part, that it had no such power because to do so would be tantamount to having one circuit court overruling another circuit court's decision regarding prosecutive merit. T. Michael Schober, the...

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