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