State v. Smith

This court granted Todd Smith’s petition for leave to appeal after the trial court denied his written objection to Judge Vocke’s assignment to the trial of the case. At the initial appearance, Smith requested a substitution for Judge Vocke’s assignment to the preliminary hearing, pursuant to sec. 971.20(3), Stats. After the preliminary hearing, Smith was bound over for trial and Judge Vocke was assigned to hear the trial of the case. Smith objected, contending that a judge could not be assigned to a case once a request for substitution had been filed against him. The trial court concluded…