Criminal Procedure — new trials — mental responsibility

By: WISCONSIN LAW JOURNAL STAFF//May 21, 2013//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — new trials — mental responsibility

Vicente Paul Vento appeals the judgment convicting him of one count of substantial battery, contrary to Wis. Stat. § 940.19(2) (2009-10). Vento contends that he is entitled to a new trial in the interests of justice on the issue of his mental responsibility because there is a substantial probability that a new trial would produce a different result. Considering the evidence as a whole, we agree. Therefore, we grant a discretionary reversal under Wis. Stat. § 752.35 and remand with directions to conduct a new trial on the issue of Vento’s mental responsibility. Not recommended for publication in the official reports.

2012AP1763-CR State v. Vento

Dist I, Milwaukee County, Cimpl, J., Curley, P.J.

Attorneys: For Appellant: Perri, Jeremy C., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Tarver, Sandra L., Madison

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