01-1395-CR State v. Greve

By: dmc-admin//February 11, 2002//

By: dmc-admin//February 11, 2002//

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State v. Austin, 171 Wis.2d 251, 257-58, 490 N.W.2d 780 (Ct. App. 1992), establishes a bright-line rule that before a case can be returned to the substituted judge, an agreement for the transfer must be signed by the defendant or the defendant’s attorney, the prosecutor and the substituted and successor judges. Because a written agreement was never prepared or filed in this case, we reverse Thomas A. Greve’s judgment of conviction. Not recommended for publication in the official reports.

Dist II, Walworth County, Carlson, J., Anderson, J.

Attorneys:

For Appellant: Patrick M. Donnelly, Madison

For Respondent: Phillip A. Koss, Elkhorn; Mary E. Burke, Madison

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