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eBook details

• Title: State Ex Rel. Van Ermen v. Burke
• Author : Supreme Court of Wisconsin
• Release Date : January 18, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

Robert Van Ermen petitioned this court for writ of , entered April 7, 1965. We determined that petitioner had made an arguably meritorious claim. The respondent was ordered to show cause why a writ of should not issue directing the release of the petitioner. A return was made by the respondent through the attorney general's office. We found that the petition and return raised issues of fact. These issues were submitted to the circuit court for the county in which the crime was committed, viz., the circuit court for Sheboygan county, Ferdinand H. Schlichting, Circuit Judge. At the same time we appointed Peter Wheeler Reiss, of Sheboygan, to represent petitioner in this matter since petitioner was found to be indigent. On December 22, 1965, after a hearing, Judge Schlichting made findings of fact and reported the same to this court. The attorney general has moved this court to confirm such findings of fact and deny the petition. Petitioner has moved this court to set aside certain of said findings of fact. Van Ermen was prosecuted for first-degree murder, entered a plea of not guilty with the advice of counsel, received a jury trial, was found guilty of first-degree murder by the jury, and on August 22, 1961, was sentenced by the court, Honorable Merrill Farr, Circuit Judge for the Twenty-third circuit, presiding, to life imprisonment in the state prison. The petition for the writ of is based on the following alleged grounds:

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