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STATE v. JOHNSON

No. 84-2143-CR.

126 Wis.2d 8 (1985)

374 N.W.2d 637

STATE of Wisconsin, Plaintiff-Appellant, v. Oliver Ross JOHNSON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 15, 1985.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Barry M. Levenson, assistant attorney general of counsel of Madison.

For the defendant-respondent the cause was submitted on the briefs of Luck & Rosenthal, S.C., with Gary M. Luck and Joel H. Rosenthal of counsel, of Milwaukee.

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

SULLIVAN, J.

Oliver Ross Johnson (Johnson) was convicted of first degree murder and sentenced to life imprisonment. He moved for a new trial because of ineffectiveness of counsel. The trial court granted Johnson's motion, setting aside the judgment of conviction, vacating the sentence, and ordering a new trial. The state appeals.

An order for a new trial in a criminal case will not be upset absent a clear showing of abuse of discretion. State v. Albright...

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