Due Process Violation

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Chong Leng Lee

Case No.: 2018AP1741-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Due Process Violation

Chong Lee appeals a judgment convicting him of first-degree intentional homicide by use of a dangerous weapon, possession of afirearm by a felon, and two counts of felony intimidation of a witness, as a party to the crime. Chong now appeals, arguing that: (1) the State violated his right to due process by failing to disclose the December 2013 interviews of Watou, Mikey, and Ryan; (2) the State violated his right to due process by intentionally destroying the recordings of those interviews; and (3) the missing transcripts deprived him of his right to a meaningful appeal. He also appeals an order denying his motion for postconviction relief. Chong argues the circuit court should have dismissed the homicide charge because the State failed to disclose, and later intentionally destroyed, exculpatory evidence. We reject Chong’s arguments and affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.