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STATE v. TURNER

No. 2012AP297-CR.

827 N.W.2d 654 (2013)

2013 WI App 23

STATE of Wisconsin, Plaintiff-Respondent, v. Jacob C. TURNER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed January 23, 2013.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Kathleen A. Lindgren of Lindgren Law Offices, LLC, West Allis.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Maura FJ Whelan , assistant attorney general, and J.B. Van Hollen , attorney general.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.

REILLY, J.

¶ 1 John P. Smith (father) and his adult son John P. Smith (son) lived in the same residence in Walworth county.1 The county sent a summons to "John P. Smith" for jury duty. As John P. Smith, the father, had recently served jury duty, the two assumed that the summons was for the son. The son reported to court and served on a jury that convicted Jacob C. Turner. The summons, unbeknownst to the Smiths, was for John P. Smith...

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