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STATE v. LANGENBACH

No. 01-0851-CR.

247 Wis.2d 933 (2001)

2001 WI App 222

634 N.W.2d 916

STATE of Wisconsin, Plaintiff-Appellant, v. James G. LANGENBACH, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 29, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert J. Jambois, District Attorney, Kenosha County.

On behalf of the defendant-respondent, the cause was submitted on the brief of Patrick M. Donnelly, assistant state public defender, of Madison.

Before Brown, Anderson and Snyder, JJ.

¶ 1. SNYDER, J.

The State filed an interlocutory appeal of a trial court order refusing to allow it to call the defendant, James G. Langenbach, as an adverse witness at the mental responsibility stage of his bifurcated criminal trial. The State maintains that Langenbach's Fifth Amendment privilege against self-incrimination does not apply at this stage of the proceeding. We disagree and affirm the order of the trial court.

FACTS

¶ 2. The...

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