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STATE v. BURNS

No. 2009AP118-CR.

798 N.W.2d 166 (2011)

2011 WI 22

STATE of Wisconsin, Plaintiff-Respondent, v. Alan Keith BURNS, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed April 26, 2011.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner, there were briefs and oral argument by David R. Karpe and Karpe Law Office, Madison.

For the plaintiff-respondent, there was a brief and oral argument by Daniel J. O'Brien , assistant attorney general, with whom on the brief was J.B. Van Hollen .

PATIENCE DRAKE ROGGENSACK, J.

¶ 1 We review an unpublished opinion of the court of appeals1 affirming the circuit court's order2 denying Alan Burns' motion for a new trial in the interest of justice. The issue presented in this case is whether the real controversy, that is, whether S.B. lied when she alleged Burns sexually assaulted her, was fully tried. Burns argues S.B.'s truthfulness was not fully tried...

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