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STATE v. CANON

No. 98-3519-CR.

241 Wis.2d 164 (2001)

2001 WI 11

622 N.W.2d 270

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. Philip M. CANON, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided February 21, 2001.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner the cause was argued by William L. Gansner, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

For the defendant-respondent there was a brief by Alan D. Eisenberg and Law Offices of Alan D. Eisenberg, Milwaukee, and oral argument by Alan D. Eisenberg.

¶ 1. JON P. WILCOX, J.

The question presented in this case is whether the doctrine of issue preclusion bars the State from prosecuting a defendant under Wis. Stat. § 946.31(1)(a) (1997-98)1 for allegedly committing perjury at a criminal trial where the defendant was tried and acquitted on a single issue, but where the State claims to have discovered new evidence suggesting that the defendant falsely testified regarding that issue...

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