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STATE v. POLASHEK

No. 00-1570-CR.

253 Wis.2d 527 (2002)

2002 WI 74

646 N.W.2d 330

STATE of Wisconsin, Plaintiff-Appellant, v. David C. POLASHEK, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided June 26, 2002.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there was a brief by Nila Jean Robinson and Robinson, Peterson, Berk & Cross, S.C., Appleton, and oral argument by Nila Jean Robinson.

For the plaintiff-appellant the cause was argued by Sandra L. Nowack, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

An amicus curiae brief was filed by Thomas R. Schrimpf, Charles David Schmidt and Hinshaw & Culbertson, Milwaukee, on behalf of the Wisconsin Association of School District Administrators.

An amicus curiae brief was filed by Teresa M. Elguézabal and Rebecca L. Ferber on behalf of the Wisconsin Education Association Council.

¶ 1. JON P. WILCOX, J.

In this case we review a published decision of the court of appeals, State v. Polashek, 2001 WI App 130, 246 Wis.2d 627, 630 N.W.2d 545. In that case, the court of appeals interpreted several requirements for a prosecution under Wis. Stat. § 48.981(7) (1999-2000),1 the statute that provides a criminal penalty for the unauthorized...

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