Criminal Procedure — severance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — severance

This appeal concerns a joint murder trial that should never have proceeded jointly. Relying upon the “interlocking confessions” doctrine, which had been abrogated by the United States Supreme Court more than twenty years earlier, the circuit court denied Teddy Bieker’s motion to sever his trial from the trial of his codefendant John Navigato, despite the fact that the State intended to introduce Navigato’s out-of-court statements as evidence against both defendants. The same happened to Navigato, as we explain in our separate opinion concerning his appeal—the court denied Navigato’s motion to sever the trials but allowed the State to introduce out-of-court statements by Bieker as evidence against Navigato. Judgment and order reversed and cause remanded with directions. Not recommended for publication in the official reports.

2012AP2693-CR State v. Bieker

Dist II, Kenosha County, Milisauskas, J., Brown, C.J.

Attorneys: For Appellant: Tempska, Urszula, Shorewood; For Respondent: Moeller, Marguerite M., Madison; Zapf, Robert D., Kenosha