01-2155-CR State v. Rathke

By: dmc-admin//February 4, 2002//

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Michelle M. Rathke appeals from the judgment of conviction for obstructing an officer, and from the order denying her motion for postconviction relief. She argues that the trial court: (1) denied her the constitutional right to confrontation, by excluding the photographs of her injuries; (2) erroneously exercised discretion, by excluding the photographs under Wis. Stat. sec. 904.03; and (3) erred in denying her request for a mistrial.

This court, concluding that the trial court erroneously exercised discretion by excluding the photographs, reverses and remands for a new trial.

This opinion will not be published.

Dist I, Milwaukee County, Siefert, J., Schudson, J.

Attorneys:

For Appellant: Jennelle London Joset, Milwaukee

For Respondent: Carol B. Crowley, Milwaukee; Thomas J. McAdams, Milwaukee

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