Davis v. Circuit Court for Dane County
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The case revolves around the defendant, Antonio S. Davis, who was charged with misdemeanor battery and disorderly conduct. Davis had applied for representation from the State Public Defender (SPD) and while his application was still being processed, he was arraigned. Consequently, Davis pleaded not guilty and further proceedings were scheduled. It was not until 65 days later that the SPD appointed counsel for Davis. Six days after counsel was appointed, Davis filed a request for substitution of judge, which was denied by the Circuit Court for Dane County as untimely.
Davis then filed a petition for supervisory writ, arguing that the Circuit Court had a plain duty to treat his request for substitution of judge as timely. The Court of Appeals denied his petition and the case was brought before the Supreme Court of Wisconsin for review. The Supreme Court needed to decide whether Davis had forfeited the issues he brought forth and whether he was entitled to a supervisory writ directing the lower court to treat his request for substitution of judge as timely.
The Supreme Court concluded that even if Davis had forfeited the issues, they would exercise discretion to address them to clarify the procedure for appealing a denial of a request for substitution of judge as untimely. However, the court found that Davis was not entitled to a supervisory writ, asserting that the lower court did not have a plain duty to treat Davis's request as timely under Wisconsin Statute § 971.20(4), Dane County Local Rule 208, a government-created obstacle exception, or a theory of equitable tolling. The Supreme Court affirmed the decision of the Court of Appeals and remanded the case for further proceedings.
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