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exculpatory evidence

Jan 12, 2011

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 […]

Nov 17, 2010

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[...]

Nov 16, 2010

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 […]

Oct 28, 2010

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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