Return of Property — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//June 24, 2014//

Listen to this article

Wisconsin Court of Appeals

Criminal

Return of Property — sufficiency of the evidence

Aaron C. Ols appeals from a circuit court order denying his petition for return of property pursuant to Wis. Stat. § 968.20 (2011-12). Ols seeks the return of a firearm police seized from Ols when he was arrested for disorderly conduct while armed. Because the record in this case is sparse, (the City of Milwaukee called no witnesses and Ols simply made an unsworn statement to the court), it does not provide evidence sufficient to demonstrate that the City proved by the greater weight of credible evidence that Ols used his firearm in the commission of a crime. Accordingly, because the City failed to meet its burden, we reverse. Not recommended for publication in the official reports.

2013AP1882 In re the Return of Property in State v. Ols

Dist I, Milwaukee County, Watts, J., Brennan, J.

Attorneys: For Appellant: Monroe, John R., Roswell, GA; For Respondent: Loebel, Karen A., Milwaukee; Apollo, Antoni J., Milwaukee; Sitzberger, Randy, Milwaukee

Select Region or Brand

Upcoming Event