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STATE v. CUMMINGS

Nos. 93-2445-CR, 94-0218-CR.

199 Wis.2d 721 (1996)

546 N.W.2d 406

STATE of Wisconsin, Plaintiff-Respondent, v. Leon O. CUMMINGS, D.D.S., Defendant-Appellant, STATE of Wisconsin, Plaintiff-Respondent, v. Thomas NEWTON, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided April 1, 1996.

Attorney(s) appearing for the Case

93-2445-CR: For the defendant-appellant there were briefs by Dean A. Strang, Craig W. Albee and Shellow, Shellow & Glynn, S.C., Milwaukee and oral argument by Dean A. Strang.

For the plaintiff-respondent the cause was argued by Barbara Oswald, assistant attorney general, with whom on the brief was Diane M. Nicks, Barbara Oswald, assistant attorney generals and James E. Doyle, attorney general.

94.0218-CR: For the defendant-appellant there were briefs by Norman L. Goeschko and Love, Voss, Murray & Goeschko, Waukesha and oral argument by Norman L. Goeschko.

For the plaintiff-respondent the cause was argued by Barbara Oswald, assistant attorney general, with whom on the brief was Sharon Ruhly, assistant attorney general and James E. Doyle, attorney general.

DONALD W. STEINMETZ, J.

These cases were consolidated by the court of appeals and certified to this court pursuant to Wis. Stat. § 809.61 (1993-94). Although each case is factually dissimilar, we accepted certification in order to collectively address questions concerning the interpretation of Wis. Stat. § 968.26 (1993-94),1 the statute authorizing Wisconsin's John Doe proceeding....

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