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Criminal Procedure — due process — exculpatory evidence

By: WISCONSIN LAW JOURNAL STAFF//September 20, 2012//

Criminal Procedure — due process — exculpatory evidence

By: WISCONSIN LAW JOURNAL STAFF//September 20, 2012//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — due process — exculpatory evidence

The State appeals an order dismissing this criminal prosecution in its entirety in advance of trial, based on the circuit court’s conclusion that police negligently lost potentially exculpatory evidence and that, as a result, the court lacked confidence that a fair trial could be held without the lost evidence. For the following reasons, we conclude that the court applied an incorrect legal test to address the failure of police to preserve potentially exculpatory evidence. Accordingly, we reverse the order and remand to the circuit court for further proceedings. Not recommended for publication in the official reports.

2011AP2668-CR State v. McEssey

Dist IV, Waupaca County, Kirk, J., Blanchard, J.

Attorneys: For Appellant: Balistreri, Thomas J., Madison; Fassbender, James H., Waupaca; For Respondent: Lanning, Chad A., West Bend

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