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 […]
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 o[...]
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 […]
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, […]
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