STATE v. BURCH

No. 2019AP1404-CR.

961 N.W.2d 314 (2021)

2021 WI 68

STATE of Wisconsin, Plaintiff-Respondent, v. George Steven BURCH, Defendant-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: June 29, 2021.


Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs filed by Ana L. Babcock and Babcock Law, LLC. There was an oral argument by Ana L. Babcock .

For the plaintiff-respondent, there was a brief filed by Aaron R. O'Neil , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Aaron R. O'Neil .

An amicus curiae brief was filed on behalf of Legal Action of Wisconsin, Inc. by Rebecca M. Donaldson , Milwaukee.

HAGEDORN, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J, ROGGENSACK, and REBECCA GRASSL BRADLEY, JJ., joined, and in which DALLET and KAROFSKY, JJ., joined with respect to Parts I. and II.B. REBECCA GRASSL BRADLEY, J., filed a concurring opinion. DALLET, J., filed an opinion concurring in part and dissenting in part, in which KAROFSKY, J., joined and in which ANN WALSH BRADLEY, J., joined except for footnote 1. ANN WALSH BRADLEY, J., filed a dissenting opinion.


¶1 George Steven Burch appeals a judgment of conviction for first-degree intentional homicide on the grounds that two pre-trial evidentiary motions were incorrectly denied.

¶2 First, relying on the Fourth Amendment, Burch moved to suppress the admission of incriminating cell phone data. This data was obtained...

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