State v. Schober

The major issue in this case is whether a trial court has the power to grant a special prosecutor's motion to dismiss a criminal prosecution commenced by a judge after a John Doe investigation. The trial court held, in part, that it had no such power because to do so would be tantamount to having one circuit court overruling another circuit court's decision regarding prosecutive merit. T. Michael Schober, the State of Wisconsin, and the special prosecutor unanimously assert that the trial court is wrong. We hold that because the John Doe magistrate is a judge and not a court, the trial court…