Due Process Violation

By: Derek Hawkins//December 25, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Brian M. Smits

Case No.: 2017AP2141-CR

Officials: STARK, P.J.

Focus: Due Process Violation

Brian Smits appeals a judgment convicting him of two counts of obstructing an officer and an order denying his motion for postconviction relief. Smits argues the circuit court erred by permitting the State to amend the complaint after the close of evidence to add a second obstructing charge. We conclude the court properly exercised its discretion by permitting the amendment, and the amendment did not violate Smits’ right to due process. We therefore affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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