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STATE v. BEMBENEK

No. 86-1186.

140 Wis.2d 248 (1987)

409 N.W.2d 432

STATE of Wisconsin, Plaintiff-Respondent, v. Lawrencia BEMBENEK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 21, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Thomas G. Halloran of Halloran, Burke, Dunn & Henderson, S.C., Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general and Michael R. Klos, assistant attorney general.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

SULLIVAN, J.

Lawrencia Bembenek appeals an order denying her motion for a new trial under sec. 974.06, Stats., on the ground of newly discovered evidence or in the interest of justice. We hold that Bembenek's polygraph evidence would be inadmissible in a new trial, that evidence of the alleged confession of Joseph Hecht lacks sufficient reliability to be admissible, and that the rest of the evidence Bembenek presented would not affect the outcome of the trial. Due...

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