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2009AP2962 State v. O’Donnell

By: WISCONSIN LAW JOURNAL STAFF//November 17, 2010//

2009AP2962 State v. O’Donnell

By: WISCONSIN LAW JOURNAL STAFF//November 17, 2010//

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Criminal Procedure
Plea withdrawal; exculpatory evidence

William O’Donnell appeals from a circuit court order denying his postconviction motion without a hearing. O’Donnell was convicted upon his plea of no contest to misdemeanor battery as an act of domestic abuse, contrary to Wis. Stat. §§ 940.19(1) and 968.075(1). In his postconviction motion, O’Donnell requested dismissal of the charge or plea withdrawal on the ground that the State failed to disclose exculpatory evidence. We conclude the circuit court properly denied O’Donnell’s motion. We affirm. This opinion will not be published.

2009AP2962 State v. O’Donnell

Dist II, Kenosha County, Wilk, J., Neubauer, P.J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Ginkowski, Richard A., Kenosha; Zapf, Robert D., Kenosha; Weber, Gregory M., Madison

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