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[Download] "State Ex Rel. Lutchin v. Outagamie County" by Supreme Court of Wisconsin " eBook PDF Kindle ePub Free

State Ex Rel. Lutchin v. Outagamie County

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eBook details

  • Title: State Ex Rel. Lutchin v. Outagamie County
  • Author : Supreme Court of Wisconsin
  • Release Date : January 24, 1969
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Petitioner was arrested at his home in Cincinnati, Ohio, on or about December 21, 1967, and confined to the county jail for
Hamilton county, Ohio, on a charge of burglary arising out of an alleged burglary occurring at the Martin Hupka jewelry store
in Appleton, Wisconsin. Petitioner remained in jail until on or about January 31, 1968, when he was taken before the Honorable
Simon Leis, Judge of the court of common pleas of Hamilton county, Ohio. At that time petitioner requested an adjournment
of twenty-four hours for the purpose of obtaining his attorney who was at that time engaged in a trial in Detroit. It is claimed
that the attorney, Mr. Burton Signur, would have been available the next day had the court granted the twenty-four hour continuance.
Judge Leis denied the request and ordered the extradition from Cincinnati, Ohio, to Wisconsin. The record shows that in Wisconsin a preliminary examination was held on February 12, 1968; that probable cause was found
that a crime had been committed; that the defendant was held over for arraignment in the county court of Outagamie county;
that an information was filed to which defendant pleaded not guilty when he was arraigned on February 29, 1968; that the trial
was postponed and on September 16, 1968, a hearing was held pursuant to an order to show cause why the defendant should not
be released on for the reason that the procedures in the Ohio court as described were defective and that defendant was returned
to Wisconsin pursuant "to an illegal writ of extradition." Thereupon, on September 16, 1968, the county court of Outagamie
county, Honorable Urban Van Susteren, County Judge, presiding, heard the matter and postponed its decision thereon pending
the trial which was set for that date. On September 16, 1968, we issued an order to show cause why a writ of prohibition should
not be issued prohibiting respondents from proceeding with the action titled State of Wisconsin v. Harold B. Lutchin. Further
proceedings in the Outagamie county court in that action were stayed, pending the Disposition of the petition for writ of
prohibition.


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