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eBook details

• Title: State V. Anderson
• Author : State of Wisconsin in Court of Appeals District I
• Release Date : January 05, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

¶1 A jury found Christopher J. Anderson guilty of possessing more than fifteen but fewer than forty grams of cocaine with the intent to deliver that cocaine. See Wis. Stat. § 961.41(1)(cm)3. He appeals, pro se, and claims, inter alia, that the trial court erred when it denied his motion for an in camera review of the arresting officers' personnel files. We agree, reverse the trial court's order denying Anderson's motion seeking to have the trial court review in camera the personnel files, and remand with directions for the trial court to conduct an in camera review of the files to determine whether they contain any exculpatory or impeachment evidence relevant to this case. Inasmuch as Anderson would be entitled to a new trial if the State withheld exculpatory evidence that affected the reliability of his conviction, see State v. Harris, 2004 WI 64, ¶14, 272 Wis. 2d 80, 97, 680 N.W.2d at 737, 746 (The withholding of exculpatory material warrants a new trial "'if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A 'reasonable probability' is a probability sufficient to undermine confidence in the outcome.'") (quoted source omitted), we do not address the myriad other issues he argues in his appellate submissions.

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