STATE of Wisconsin, Plaintiff-Respondent-Petitioner,
v.
Brian K. AVERY, Defendant-Appellant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued October 5, 2012.
Decided January 30, 2013.
Attorney(s) appearing for the Case
For the plaintiff-respondent-petitioner, the cause was argued by Thomas J. Balistreri , assistant attorney general, with whom on the briefs was J.B. Van Hollen , attorney general.
An amicus curiae brief was filed by Robert R. Henak and Henak Law Office, S.C., Milwaukee, on behalf of the Wisconsin Association of Criminal Defense Lawyers.
An amici curiae brief was filed by Michael B. Van Sicklen and Foley & Lardner, LLP, Madison, on behalf of the following: Professor D. Michael Risinger , the John J. Gibbons Professor of Law at Seton Hall University School of Law; Thomas L. Bohan , Ph.D., J.D., a Former President of the American Academy of Forensic Sciences; Simon Cole , Member of the American Judicature Society's Commission on Forensic Science and Public Policy; Dr. Itiel E. Dror , Institute of Cognitive Neuroscience at University College, London, and is also the principal consultant and researcher at Cognitive Consultants, International; Professor Gary Edmond , Director of the Program in Expertise, Evidence and Law and an Australian Research Council Research Fellow in the School of Law at The University of New South Wales, Sydney, Australia; Dr. Allan Jamieson , Director of The Forensic Institute in Glasgow, Visiting Professor of Forensic Sciences at Staffordshire University, and a Fellow of the British Society of Biology (formerly the British Institute of Biology); Dr. Roger Koppl , Director of the Institute for Forensic Science Administration of Fairleigh Dickinson University, where he is also a Professor of Economics and Finance; Irving L. Kornfield , Ph.D., Professor of Biology and Molecular Forensics, University of Maine; Dr. Dan Krane , Professor of Molecular Biology at Wright State University; Professor Jennifer L. Mnookin , Professor of Law at the UCLA School of Law; Professor Christopher T. Robertson , Associate Professor of Law at the University of Arizona Rogers College of Law; Dr. Michael J. Saks , the Regents' Professor of Law and Psychology and Faculty Fellow, Center for Law, Science & Innovation at Arizona State University; Dr. William C. Thompson , Professor at the University of California at Irvine (UCI), holding joint appointments in the School of Law and Department of Psychology and Social Behavior.
Supreme Court of Wisconsin.
ANNETTE KINGSLAND ZIEGLER, J.
¶ 1 This is a review of a published decision of the court of appeals,1 which reversed the decision of the Milwaukee County Circuit Court, Judge Dennis Cimpl presiding, denying Brian Avery's (Avery) motion for a new trial.
¶ 2 In 1995, a jury convicted Avery of two counts of robbery, party to a crime. Twelve years later, in 2007, Avery brought a motion for postconviction relief. Avery argued...
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