STATE v. BAUER

No. 84-1340-CR.

123 Wis.2d 444 (1985)

368 N.W.2d 59

STATE of Wisconsin, Plaintiff-Appellant, v. Daniel J. BAUER, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 12, 1985.


Attorney(s) appearing for the Case

For the appellant there were briefs by Bronson C. La Follette, attorney general, and Sally L. Wellman, assistant attorney general.

For the respondent there was a brief by Nila Jean Robinson and Robinson, Smith & Robinson of Appleton.

Before Cane, P.J., Dean and LaRocque, JJ.


CANE, P.J.

The state appeals an order suppressing the identification of Daniel J. Bauer as the perpetrator of a sexual assault. The victim of the assault identified Bauer at the preliminary hearing. The in-court identification followed prior identifications from a photo array and a physical lineup. After the victim died in an automobile accident, the defendant sought to suppress the in-court identification because the state could not produce

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