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STATE v. SMITH

No. 95-2352-CR.

198 Wis.2d 584 (1995)

543 N.W.2d 512

STATE of Wisconsin, Plaintiff-Respondent, v. Kenneth James SMITH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 5, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jane Krueger Smith of Oconto Falls.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general and Thomas J. Balistreri, assistant attorney general.

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

MYSE, J.

Kenneth James Smith appeals an order that denied his request to dismiss the criminal information and complaint filed against him as a result of a conflict of interest involving the district attorney.1 Smith argues that because the district attorney failed to disqualify himself upon discovering the conflict of interest, all proceedings prior to the date of his ultimate voluntary disqualification are void. Because Smith has not...

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