2010AP556-CR State v. Miller

By: WISCONSIN LAW JOURNAL STAFF//November 16, 2010//

Listen to this article

Criminal Procedure
Party to a crime liability

Craig Miller appeals a judgment convicting him of second-degree sexual assault of a child as party to a crime and an order denying his motion for postconviction relief. Miller argues he was entitled to a new trial based on newly discovered evidence. The trial court denied Miller’s motion, finding that, regardless of newly discovered evidence, Miller’s own testimony established a factual basis for his conviction as party to a crime. We conclude the trial court erred by applying an improper legal standard for party-to-a-crime liability. We therefore reverse and remand for reconsideration of Miller’s motion using the proper legal standard. This opinion will not be published.

2010AP556-CR State v. Miller

Dist III, Brown County, Hammer, J., Per Curiam

Attorneys: For Appellant: Grunder, Steven D., Madison; For Respondent: O’Brien, Daniel J., Madison; Zakowski, John P., Green Bay

Full Text

Select Region or Brand

Upcoming Event