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STATE EX REL. JACOBUS v. STATE

No. 94-2995.

208 Wis.2d 39 (1997)

559 N.W.2d 900

STATE of Wisconsin EX REL. Alexander L. JACOBUS, Petitioner-Appellant, v. STATE of Wisconsin, Respondent-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided February 28, 1997.

Attorney(s) appearing for the Case

For the respondent-respondent-petitioner there were briefs by William C. Wolford, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

For the petitioner-appellant there were briefs by Alexander L. Jacobus.

Amicus curiae was filed by John Allan Pray, Debra Kvalheim and Legal Assistance Program, University of Wisconsin Law School, in support of Alexander L. Jacobus.

¶ 1. N. PATRICK CROOKS, J.

The State of Wisconsin (State) seeks review of a published decision of the court of appeals,1 which reversed and remanded a judgment of conviction of the Circuit Court for Monroe County, Michael J. McAlpine, Judge. The court of appeals held that Wis. Stat. § 51.45(1) (1991-92)2 prohibits the State from criminally prosecuting an...

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