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STATE v. GARRITY

No. 90-1600-CR.

161 Wis.2d 842 (1991)

469 N.W.2d 219

STATE of Wisconsin, Plaintiff-Respondent, v. James R. GARRITY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 27, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Robert R. Henak of Shellow, Shellow & Glynn, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Thomas J. Balistreri, assistant attorney general.

Before Nettesheim, P.J., Scott and Anderson, JJ.

SCOTT, J.

James Garrity appeals from judgments of conviction for four counts of possession of drugs with intent to deliver and from an order denying his motion for postconviction relief. On appeal, Garrity contends that the state's failure to timely disclose exculpatory evidence deprived him of a fair trial. We agree; accordingly, we reverse the judgments and remand the cause to the circuit court for a new trial. Because of this reversal, we need only address two...

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