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Discretionary Reversal-Movable Property Theft

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Misty M. Ross

Case No.: 2021AP000880-CR

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

Focus: Discretionary Reversal-Movable Property Theft

Misty Ross appeals from a judgment convicting her of theft of movable property and from an order denying her motion for postconviction relief. Ross argues that the evidence at her jury trial was insufficient to prove a theft of movable property and to establish venue in Chippewa County. In the alternative, she contends that the appeals court should exercise discretionary-reversal powers and order a judgment of acquittal. The appeals court generally rejects discretionary-reversal requests where a party merely rehashes arguments that has already been rejected. There is not a substantial probability that Ross would be acquitted upon retrial if the movable-property issue were further developed. Likewise, there is no basis to conclude that the issue of venue was not fully tried.


Decided 05/09/23

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