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Tag Archives: exculpatory evidence

2010AP1057-CR State v. Kohel

Motor Vehicles OWI; due process; exculpatory evidence This case returns to us after remand. The State appeals from a circuit court order dismissing charges filed against Daniel W. Kohel for operating a motor vehicle while intoxicated (OWI) and with a prohibited blood alcohol content (PAC), both as a third offense. The circuit court did so based on its determination that ...

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2009AP2962 State v. O’Donnell

Criminal Procedure Plea withdrawal; exculpatory evidence William O’Donnell appeals from a circuit court order denying his postconviction motion without a hearing. O’Donnell was convicted upon his plea of no contest to misdemeanor battery as an act of domestic abuse, contrary to Wis. Stat. §§ 940.19(1) and 968.075(1). In his postconviction motion, O’Donnell requested dismissal of the charge or plea withdrawal ...

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2009AP2658-CR State v. Munford

Criminal Procedure Exculpatory evidence Where a defendant could not show that evidence had exculpatory evidence, the State’s destruction of it did not violate his due process rights. “First and foremost, Munford’s argument ignores the trial court’s finding that Detective Gastrow thoroughly examined the van and did not find a bullet or a bullet strike. Munford does not challenge this finding ...

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2009AP3139-CR State v. Stewart

Criminal Procedure New trials; exculpatory evidence Byron Stewart appeals from a judgment convicting him of first-degree intentional homicide, as party to a crime, and from an order denying his postconviction motion. Stewart contends that he is entitled to a new trial because: (1) the State failed to disclose impeachment evidence as to their central witness, violating his due process rights ...

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