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O'NEIL v. MONROE COUNTY CIRCUIT COURT

No. 02-2866.

266 Wis.2d 155 (2003)

2003 WI App 149

667 N.W.2d 774

IN the MATTER OF ASSESSMENT OF JURY FEES AGAINST Patricia O'NEIL and Office of State Public Defender in, State of Wisconsin v. Christopher J. Murphy: Patricia O'NEIL and Office of State Public Defender, Appellants, v. MONROE COUNTY CIRCUIT COURT, Respondent.

Court of Appeals of Wisconsin.

Decided June 12, 2003.

Attorney(s) appearing for the Case

On behalf of the appellants, the cause was submitted on the briefs of Tracey J. Lencioni, assistant state public defender of Madison.

On behalf of the respondents, the cause was submitted on the brief of David C. Rice, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

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

¶ 1. DYKMAN, J.

Assistant Public Defender Patricia O'Neil and the Office of the State Public Defender appeal from an order assessing the cost of impaneling a jury against O'Neil. The trial court imposed the fees on O'Neil when she requested an adjournment on the first day of trial rather than proceed without her expert witness. Because we conclude that the trial court erroneously exercised its discretion when it ordered O'Neil to pay the jury costs, we reverse...

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