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STATE v. HUEBNER

No. 98-2470-CR.

235 Wis.2d 486 (2000)

2000 WI 59

611 N.W.2d 727

STATE of Wisconsin, Plaintiff-Respondent, v. Juergen HUEBNER, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided June 20, 2000.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there was a brief by Sally Day and Law Office of Sally Day, Milwaukee, and oral argument by Sally Day.

For the plaintiff-respondent the cause was argued by Gregory M. Posner-Weber, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. JON P. WILCOX, J.

The issue in this case is whether a defendant who did not object to the use of a six-person jury at his misdemeanor trial, as authorized by Wis. Stat. § 756.096(3)(am), may obtain a new trial in reliance on State v. Hansford's holding that § 756.096(3)(am) is unconstitutional. We conclude that he may not.

I

¶ 2. On February 18, 1998, the defendant Juergen Huebner was tried and convicted of two misdemeanors...

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