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IN RE DOE

No. 2007AP230-W.

738 N.W.2d 570 (2007)

2007 WI App 202

In the Matter of the John DOE Petition. State of Wisconsin ex rel. Adrian T. Hipp, Petitioner, v. The Honorable Marshall B. Murray, presiding, Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 17, 2007.

Attorney(s) appearing for the Case

On behalf of the petitioner, the cause was submitted on the petition of Adrian T. Hipp.

On behalf of the respondent, a response was submitted by J.B. Van Hollen, Attorney General, and David C. Rice, Assistant Attorney.

Before FINE, CURLEY and KESSLER, JJ.

¶ 1 FINE, J.

Adrian T. Hipp seeks a writ of mandamus directing the Honorable Marshall B. Murray to give him a proper John Doe hearing under WIS. STAT. § 968.26. Hipp claims that Judge Murray erred by not permitting Hipp to subpoena witnesses Hipp wanted to call at the John Doe hearing. We agree. Accordingly, we grant the writ.

I.

¶ 2 Hipp is incarcerated, and was during the time material to this mandamus proceeding. In...

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