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STATE v. ARMSTRONG

No. 2001AP2789 & 2002AP2979.

283 Wis.2d 639 (2005)

2005 WI 119

700 N.W.2d 98

STATE of Wisconsin, Plaintiff-Respondent, v. Ralph D. ARMSTRONG, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 12, 2005.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Jerome Buting and Buting & Williams, S.C., Brookfield, and Barry C. Scheck, Colin Starger, and The Innocence Project, New York, NY and oral argument by Jerome Buting and Barry C. Scheck.

For the plaintiff-respondent the cause was argued by Sally L. Wellman, assistant attorney general, with whom on the briefs was Peggy A. Lautenschlager, attorney general.

An amicus curiae brief was filed by Robert R. Henak and Henak Law Office, S.C., Milwaukee, on behalf of the Wisconsin Association of Criminal Defense Lawyers.

An amicus curiae brief was filed by Keith A. Findley, Byron C. Lichstein, John A. Pray, and University of Wisconsin Law School, Madison, on behalf of the Wisconsin Innocence Project.

¶ 1. LOUIS B. BUTLER, JR., J.

Ralph Armstrong seeks review of an unpublished court of appeals' decision that affirmed the circuit court's orders denying Armstrong's motions to vacate his judgment of conviction and for reconsideration. State v. Armstrong, Nos. 2001AP2789 and 2002AP2979, unpublished slip. op., ¶ 1 (Wis. Ct. App. May 27, 2004). The court of appeals determined that newly obtained DNA tests...

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