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STATE v. TKACZ

No. 02-0192-CR.

258 Wis.2d 611 (2002)

2002 WI App 281

654 N.W.2d 37

STATE of Wisconsin, Plaintiff-Respondent, v. Peter G. TKACZ, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 16, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Mark S. Rosen of Rosen and Holzman of Waukesha.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Gregory M. Weber, assistant attorney general.

Before Nettesheim, P.J., Brown and Anderson, JJ.

¶ 1. BROWN, J.

In this case, the prosecuting attorney previously represented Peter G. Tkacz in a civil forfeiture action before joining the district attorney's office. Tkacz sought to remove the prosecutor prior to trial claiming a conflict of interest. As did the trial court, we adopt the "substantial relationship" test when the issue is raised pretrial during criminal cases. Because the prior civil action and this criminal action were not substantially related...

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