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STATE v. DENNY

No. 2015AP202-CR.

878 N.W.2d 679 (2016)

2016 WI App 27

STATE of Wisconsin, Plaintiff-Respondent, v. Jeffrey C. DENNY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 23, 2016.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Steven D. Grunder , assistant state public defender of Madison and Lindsey E. Cobbe of Wisconsin Innocence Project, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald V. Latorraca , assistant attorney general, and Brad. D. Schimel , attorney general.

A nonparty brief was filed by Robert J. DeBauche of DeBauche Law Firm of Madison, for The Innocence Network.

Before NEUBAUER, C.J., REILLY, P.J., and HAGEDORN, J.

¶ 1 Jeffrey C. Denny appeals from an order denying his motion pursuant to WIS. STAT. § 974.07 (2013-14)1 to test certain items at private or public expense for the presence of DNA. We hold that it was error to deny Denny's motion. Denny showed that the items he sought to test were relevant to...

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