STATE v. GARCIA

Appeal No. 2018AP2319-CR.

951 N.W.2d 631 (2020)

2020 WI App 71

STATE of Wisconsin, Plaintiff-Respondent, v. Manuel GARCIA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed: October 7, 2020.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Russell D. Bohach of Russell D. Bohach Attorney at Law, Wauwatosa and the supplemental brief of Sean Bosack and Emma Jewell of Godfrey & Kahn, S.C., Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief and the supplemental brief of John A. Blimling , assistant attorney general, and Joshua L. Kaul , attorney general.

Before Neubauer, C.J., Reilly, P.J., and Gundrum, J.


¶1 The issue presented is clear and straightforward: may the State invoke the impeachment exception to the exclusionary rule during the State's case-in-chief to "rehabilitate" one of its witnesses? We conclude that under Harris v. New York, 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971),...

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