State v. Weber

When we first decided this case, we were obligated to follow the court of appeals’ decision in State v. Koput, 134 Wis. 2d 195, 396 N.W.2d 773 (Ct. App. 1986), rev’d, 142 Wis. 2d 370, 418 N.W.2d 804 (1988). In that case, the court of appeals held that when prejudicial error has been found in the mental responsibility phase of a bifurcated criminal trial, there must be a new trial on the guilt phase as well. The court of appeals read the law as requiring one continuous trial. After our initial decision in this instant case, the supreme court reversed the court of appeals in State v. Koput, 142…