2009AP2502-CR State v. Louis

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Criminal Procedure
Right to remain silent

The State of Wisconsin appeals a final order granting Quentin Louis a new trial. Louis was convicted of first-degree reckless homicide for shaking his infant daughter, Madelyn, to death. At trial, the State’s case was predicated upon expert medical testimony that Louis’s guilt could be inferred from the nature of Madelyn’s injuries. The circuit court concluded the controversy was not fully and fairly tried because the jury did not hear medical testimony that Madelyn’s injuries might have other causes. Accordingly, it ordered a new trial in the interest of justice using its discretionary authority to set aside the verdict. See State v. Henley, 2010 WI 97, ¶65, 328 Wis. 2d 544, 787 N.W.2d 350. We conclude the court properly exercised its discretion and affirm. Not recommended for publication in the official reports.

2009AP2502-CR State v. Louis

Dist III, Marathon County, Howard, J., Brunner, J.

Attorneys: For Appellant: Heimerman, Kenneth J., Wausau; Jacobson, Lamont K., Wausau; O’Brien, Daniel J., Madison; For Respondent: Hunt, Edward J., Milwaukee

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