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STATE v. BARTHELS

No. 91-1361-CR.

174 Wis.2d 173 (1993)

495 N.W.2d 341

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Julie BARTHELS, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 23, 1993.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

For the defendant-appellant there was a brief and oral argument by Steven D. Phillips, assistant State Public Defender.

HEFFERNAN, CHIEF JUSTICE.

This is a review of a published decision of the court of appeals1 which reversed a judgment of the circuit court convicting Julie Barthels in a second trial following a mistrial granted on the motion of the state, over the objection of defendant, when the prosecutor, after the swearing of the jury, was unable to produce a key medical witness.

The question is whether the second trial constituted double...

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