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STATE v. O'NEILL

No. 02-0808-CR.

261 Wis.2d 534 (2002)

2003 WI App 73

663 N.W.2d 292

STATE of Wisconsin, Plaintiff-Respondent, v. Terrance J. O'NEILL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 19, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Roger D. Sturdevant, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Sally L. Wellman, asst. attorney general, and James E. Doyle, attorney general.

Before Vergeront, P.J., Roggensack and Lundsten, JJ.

¶ 1. VERGERONT, P.J.

Terrance O'Neill appeals the order denying his motion for the presiding judge, the Honorable William D. Johnston, to disqualify himself from all proceedings in this action. O'Neill contends that Judge Johnston is biased because the judge is requiring him to relitigate an issue on which O'Neill has already prevailed on appeal in another case; therefore, according to O'Neill, his due process right to an impartial judge will be violated if Judge...

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