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  5. 714 N.W.2d 194 (2006)
 

STATE v. HIBL

No. 2004AP2936-CR.

714 N.W.2d 194 (2006)

2006 WI 52

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

Supreme Court of Wisconsin.

Decided May 26, 2006.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner, the cause was argued by Christopher G. Wren, assistant attorney general, with whom on the briefs was Peggy A. Lautenschlager, attorney general.

For the defendant-respondent there was a brief by Joel H. Rosenthal and Luck & Rosenthal, S.C., Milwaukee, and oral argument by Joel H. Rosenthal.

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

¶ 1 ANN WALSH BRADLEY, J.

The State of Wisconsin petitions for review of a published court of appeals' decision affirming the circuit court's order that suppressed the State's eyewitness identification evidence against the defendant, Brian Hibl.1 The eyewitness, who was initially able to describe Hibl only as a "white male," identified Hibl 17 months later at the courthouse on the day that Hibl's case was scheduled for trial.

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