STATE v. LEE

No. 2019AP221-CR.

973 N.W.2d 764 (2022)

2022 WI 32

STATE of Wisconsin, Plaintiff-Respondent, v. Nhia LEE, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Opinion Filed: May 24, 2022.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs filed by Julianne M. Lennon and the Law Offices of Attorney Julianne M. Lennon. There was an oral argument by Julianne M. Lennon .

For the plaintiff-respondent there was a brief filed by Timothy M. Barber , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Timothy M. Barber .

An amicus curiae brief was filed by Ellen Henak and Henak Law Office, S.C. for the Wisconsin Association of Criminal Defense Lawyers. There was an oral argument by Ellen Henak and Bonnie Hoffman .

An amicus curiae brief was filed by Jerome F. Buting and Buting, Williams & Stilling, S.C. for the National Association of Criminal Defense Lawyers.

An amicus curiae brief was filed by Andrew T. Phillips , Natalie D. Fluker , and Matthew J. Thome and von Briesen & Roper, S.C. for the Wisconsin Counties Association.

An amicus curiae brief was filed by Katie R. York , state public defender, for the Office of the Wisconsin State Public Defender.

REBECCA GRASSL BRADLEY, J., filed a concurring opinion in which ZIEGLER, C.J. and HAGEDORN, JJ., joined. DALLET, J., filed a dissenting opinion in which ANN WALSH BRADLEY, J., joined.


¶1 Nhia Lee petitioned for review of a decision of the court of appeals, State v. Lee, 2021 WI App 12, 396 Wis.2d 136, 955 N.W.2d 424, reversing the circuit court's orders denying his motion to dismiss the criminal complaint and remanding with directions to grant the motion and dismiss the criminal complaint without...

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