01-1374-CR State v. Norfleet

Listen to this article

The State appeals a judgment of acquittal that dismisses, with prejudice, the case against Marc Norfleet. The State argues that the trial court erred when it failed to comply with the State’s request to hold an in camera inspection under Wis. Stat. sec. 905.10(3)(b) (1999-2000) to determine, on the record, whether there was a reasonable probability that the confidential informant could provide relevant testimony necessary to a fair determination on the issue of guilt or innocence. Additionally, the State argues that if the trial court’s order of dismissal was in error, then Norfleet may be retried without violating the prohibition against double jeopardy. We conclude that there was sufficient evidence in the record to permit a rational court to conclude that a reasonable probability existed that the informant could provide relevant testimony necessary to a fair determination on the issue of guilt or innocence.

Therefore, the decision to forego an in camera hearing was within the discretion of the trial court.

Not recommended for publication in the official reports.

Dist II, Winnebago County, Haase, J., Anderson, J.

Attorneys:

For Appellant: Michael R. Klos, Madison; Bradley J. Priebe, Oshkosh

For Respondent: Alan D. Eisenberg, Milwaukee