Criminal Procedure — mental responsibility

By: WISCONSIN LAW JOURNAL STAFF//May 6, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — mental responsibility

Corey R. Kucharski appeals the judgment convicting him of two counts of first-degree intentional homicide with the use of a dangerous weapon. He also appeals the order denying his postconviction motion. On appeal, Kucharski argues that he is entitled to a new trial in the interest 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 Kucharski’s mental responsibility. Not recommended for publication in the official reports.

2013AP557-CR State v. Kucharski

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

Attorneys: For Appellant: Obernberger, Scott D., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Moeller, Marguerite M., Madison

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