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STATE v. SMYTHE

No. 97-3191.

225 Wis.2d 456 (1999)

592 N.W.2d 628

IN the MATTER OF the REFUSAL OF Ralph D. SMYTHE: STATE of Wisconsin, Plaintiff-Respondent, v. Ralph D. SMYTHE, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided May 14, 1999.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Ralph A. Kalal and Kalal & Associates, Madison and oral argument by Ralph A. Kalal.

For the plaintiff-respondents the cause was argued by James H. McDermott, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. DAVID T. PROSSER, J.

The petitioner, Ralph D. Smythe (Smythe), seeks review of an order dismissing his appeal of the circuit court's determination that his refusal to submit to a breath test was unreasonable and that his operating privileges should be revoked. The court of appeals denied a request by Smythe's counsel, Ralph A. Kalal (Kalal), for an eightday extension (five working days) to file his brief and then, applying Wis. Stat. § (Rule) 809.83...

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