STATE v. BOLLING

No. 97-2231.

222 Wis.2d 558 (1998)

587 N.W.2d 908

IN RE the COMMITMENT OF Richard BOLLIG: STATE of Wisconsin, Petitioner-Appellant, v. Richard L. BOLLIG, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided October 22, 1998.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Mary E. Burke, assistant attorney general.

On behalf of the respondent-respondent, the cause was submitted on the brief of Richard D. Martin, assistant state public defender, of Milwaukee.

Before Eich, Vergeront and Roggensack, JJ.


ROGGENSACK, J.

The State of Wisconsin appeals from an order of the circuit court dismissing a ch. 980 petition against Richard Bollig. The circuit court concluded that it lacked competency to proceed in the matter because attorney Jeffrey Mockalski had not been appointed as a special prosecutor under either § 978.045(1r) or § 978.045(3)(a), STATS., when he filed the ch. 980 petition against Bollig, and his subsequent appointment by the court could not cure...

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