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STATE v. HUGGETT

No. 2009AP1684-CR.

783 N.W.2d 675 (2010)

2010 WI App 69

STATE of Wisconsin, Plaintiff-Appellant, v. Kyle Lee HUGGETT, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 6, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of J.B. Van Hollen, attorney general, and James M. Freimuth, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Craig Mastantuono and Rebecca M. Coffee of Mastantuono Law Office, S.C., Milwaukee.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

HOOVER, P.J.

¶ 1 The State appeals an order dismissing, with prejudice, a single charge of second-degree intentional homicide. The circuit court dismissed the case due to the State's failure to preserve apparently exculpatory evidence consisting of threatening voicemail messages left on two cell phones. Kyle Huggett claimed he acted in perfect self-defense and defense of others. The lost voicemail messages were from the victim, who broke into Huggett's home....

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