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Sufficiency of Evidence – Discovery Statute Violation

By: Derek Hawkins//July 28, 2020//

Sufficiency of Evidence – Discovery Statute Violation

By: Derek Hawkins//July 28, 2020//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jonathan Billy Thompson

Case No.: 2019AP767-CR

Officials: Fitzpatrick, P.J., Kloppenburg and Graham, JJ.

Focus: Sufficiency of Evidence – Discovery Statute Violation

Jonathan Thompson appeals a judgment convicting him, following a jury trial, of theft of movable property as a repeat offender. The sole issue on appeal is whether evidence that was not disclosed to the defense until after the trial had begun should have been excluded as a penalty for violating the discovery statute. We conclude that the evidence at issue was not subject to the discovery statute because it was not in the State’s possession, custody, or control, but was instead in the possession, custody, and control of a witness who was not an agent of the State.

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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.

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