(Download) "State V. Tkacz" by Wisconsin Court of Appeals ~ Book PDF Kindle ePub Free

July 07, 2021

eBook details

Title: State V. Tkacz
Author : Wisconsin Court of Appeals
Release Date : January 16, 2002
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

¶1. In this case, the prosecuting attorney previously represented Peter G. Tkacz in a civil forfeiture action before joining the district attorney's office. Tkacz sought to remove the prosecutor prior to trial claiming a conflict of interest. As did the trial court, we adopt the "substantial relationship" test when the issue is raised pretrial during criminal cases. Because the prior civil action and this criminal action were not substantially related, we affirm the trial court's denial of Tkacz's motion. We also address and reject Tkacz's two other issues: that Tkacz's trial counsel was ineffective for failing to impeach one of the State's witnesses with regard to the exact number of her prior criminal convictions and that the prosecutor's plea offer after reversal and remand which was less favorable than the plea offer before the first trial constitutes vindictive prosecution.