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STATE v. HIBL

No. 2004AP2936-CR.

287 Wis.2d 806 (2005)

2005 WI App 228

706 N.W.2d 134

STATE of Wisconsin, Plaintiff-Appellant, v. Brian HIBL, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 28, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the brief of Ted S. Szczupakiewicz, assistant district attorney for Waukesha County, authorized and supervised by the attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Joel H. Rosenthal of Luck & Rosenthal, S.C., Milwaukee.

Before Snyder, P.J., Brown and Anderson, JJ.

¶ 1. SNYDER, P.J.

The State appeals from an order suppressing the pretrial and in-court identification of Brian Hibl by Alan R. Stuller, a witness for the prosecution. The State contends that the circuit court erred in holding that the eyewitness identification of Hibl was impermissibly suggestive and unreliable. Although we employ a different analysis, we affirm the order of the circuit court.

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