State v. Nelson Garcia, Jr.

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2019 WI 40 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2016AP1276-CR State of Wisconsin, Plaintiff-Respondent, v. Nelson Garcia, Jr., Defendant-Appellant-Petitioner. REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 382 Wis. 2d 269,915 N.W.2d 729 (2018 – unpublished) OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: April 10, 2019 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee William S. Pocan JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ABRAHAMSON, J. did not participate. April 19, 2019 ATTORNEYS: For the defendant-appellant-petitioner, there were briefs filed by Pamela Moorshead, assistant state public defender. There was an oral argument by Pamela Moorshead. For the plaintiff-respondent, there was a brief filed by Katherine D. Lloyd, assistant attorney general, with whom on the brief was Joshua L. Kaul, attorney general. There was an oral argument by Katherine D. Lloyd. An amicus curiae brief was submitted on behalf of The Innocence Project, Inc., and The Wisconsin Innocence Project of the Frank J. Remington Center, University of Wisconsin Law School, by Keith A. Findley and Wisconsin Innocence Project, Madison. With whom on the brief was Alexis Agathocleous and The Innocence Project, Inc., New 2 York, New York. 2019 WI 40 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2016AP1276-CR (L.C. No. 2012CF104) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, FILED Plaintiff-Respondent, APR 19, 2019 v. Sheila T. Reiff Clerk of Supreme Court Nelson Garcia, Jr., Defendant-Appellant-Petitioner. ¶1 PER CURIAM. The decision of the court of appeals is affirmed by an equally divided Court. ¶2 SHIRLEY participation. S. ABRAHAMSON, J., withdrew from No. 1 2016AP1276-CR

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