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Raring for a Jury Trial, Defendant Appeals When Prosecutors Drop the Case

Posted Nov 12, 2012 7:15 AM CDT
By Debra Cassens Weiss

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Ernest Pagels Jr. says he has a right to a trial by jury, even if prosecutors don’t want to pursue charges against him.

A Wisconsin appeals court disagreed and rejected Pagels’ pro se appeal on Thursday, according to the Milwaukee Journal Sentinel blog Proof & Hearsay.

Pagels had paid a $36 jury fee and was prepared to fight a disorderly conduct citation when prosecutors dropped the charge, the story says. Pagels objected to the dismissal and appealed when the judge ignored his plea to allow the trial to proceed.

Pagels also asked the appeals court to refund the jury fee and his costs to subpoena three witnesses. His request was denied in an unpublished opinion.

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