02-0952 State ex rel. Garibay v. Circuit Court for Kenosha County and the Hon. Bruce Schroeder

By: dmc-admin//May 28, 2002//

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“We conclude that the language of § 971.20(6) is plain and unambiguous and applies in a multiple defendant action even when a codefendant is unavailable to either join or refuse to join a substitution request. Accordingly, we deny Garibay’s petition for supervisory writ. …

“We conclude that the circuit court’s decision was based upon the clear and unambiguous requirements of Wis. Stat. § 971.20(6). Therefore, the circuit properly denied Garibay’s substitution request. We deny Garibay’s petition for supervisory writ, and we dissolve our order staying the proceedings in the circuit court.”

Writ denied.

Recommended for publication in the official reports.

Dist II, Kenosha County, Schroeder, J., Nettesheim, P.J.

Attorneys:

For Appellant: Denise Hertz-McGrath, Kenosha

For Respondent: J. Denis Moran, Madison; Matthew J. Frank, Madison; Robert J. Jambois, Kenosha

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