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Criminal Procedure — ineffective assistance

Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

The State appeals an order granting Michael Potts a new trial on charges of first-degree intentional homicide, bail jumping and felon in possession of a firearm. Although the parties address numerous issues on appeal, we conclude one is dispositive. We affirm the order for a new trial because we conclude Potts’ trial attorney was ineffective for failing to introduce incuplatory statements by another person that would tend to exculpate Potts. This opinion will not be published.

2012AP764-CR State v. Potts

Dist III, Outagamie County, McGinnis, J., Per Curiam

Attorneys: For Appellant: Wellman, Sally L., Madison; Weber, Gregory M., Madison; Schneider, Carrie A., Appleton; For Respondent: Leeper, David, Madison

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