Immunity

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WI Court of Appeals – District

Case Name: State of Wisconsin v. Marie Williams

Case No.: 2015AP2044-CR

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Immunity

We granted Marie Williams’ petition for leave to appeal, which was supported by the State, to determine whether entitlement to “immun[ity] from prosecution” under WIS. STAT. § 961.443 as an “aider” of a person believed to be suffering from a drug overdose is to be decided by the circuit court pretrial or by the fact finder at trial. The circuit court ruled the question should be determined at trial; Williams and the State assert it should be determined pretrial. We also address which party carries the burden of proof on the immunity question and by what standard. Williams and the State agree the burden should be on the defendant to prove by a preponderance of the evidence that he/she is entitled to this statutory immunity. Lastly, Williams argues she is entitled to immunity not only on the charges that correspond to the crimes specifically listed in the statute but also on related bail jumping charges.  The State contends that if Williams is entitled to immunity, it is only on the charges that correspond to the specific crimes listed in the statute. We agree with Williams and the State that the question of immunity is to be decided by the circuit court pretrial and that the defendant carries the burden of proving by a preponderance of the evidence his/her entitlement to the immunity. On the final issue, we agree with the State that if Williams is entitled to immunity, the immunity only applies to the charges related to the specific crimes listed in the statute. We reverse and remand for further proceedings.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.