STATE v. HENLEY

No. 2008AP697-CR.

787 N.W.2d 350 (2010)

2010 WI 97

STATE of Wisconsin, Plaintiff-Appellant, v. Dimitri HENLEY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 21, 2010.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was argued by Katherine D. Lloyd, assistant attorney general, with whom on the briefs was J.B. Van Hollen, attorney general.

For the defendant-respondent there were briefs by Keith A. Findley, John A. Pray, Byron Lichstein, and the Frank J. Remington Center, University of Wisconsin Law School, Madison, and oral argument by Keith A. Findley.

An amicus curiae brief was filed by Colleen D. Ball, first assistant state public defender, Nicholas L. Chiarkas, state public defender, and William J. Tyroler, assistant state public defender, Milwaukee, on behalf of the Office of the State Public Defender.


MICHAEL J. GABLEMAN, J.

¶ 1 This case comes before us on certification following the circuit court's order granting a new trial to Dimitri Henley eight years after his conviction of five counts of second degree sexual assault. The court of appeals certified five questions1 to us regarding the authority of Wisconsin courts to order a new trial in the interest of justice.

¶ 2 The facts of this case put the issues plainly...

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