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STATE v. BARMAN

No. 93-2102-CR.

183 Wis.2d 180 (1994)

515 N.W.2d 493

STATE of Wisconsin, Plaintiff-Appellant-Cross-Respondent, v. William P. BARMAN, Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Decided March 15, 1994.

Attorney(s) appearing for the Case

On behalf of plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of James E. Doyle, attorney general, and Thomas J. Balistreri, assistant attorney general of Madison.

On behalf of defendant-respondent-cross-appellant, the cause was submitted on the briefs of Stephen J. Eisenberg of Eisenberg Law Offices, S. C. of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

The State appeals an order dismissing charges of homicide by negligent operation of a vehicle filed against William Barman. The State contends that the court erred by ruling that Barman had established a prima facie case of discriminatory prosecution in violation of the equal protection clause of the Fourteenth Amendment to the United States Constitution. The State also contends that even if a prima facie case were made, the claim was adequately rebutted...

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