State v. Williams

¶ 1.

GUNDRUM, J.

We granted Marie Williams' petition for leave to appeal,1 which was supported by *368the State, to determine whether entitlement to "immunity] from prosecution" under Wis. Stat. § 961.443 as an "aider" of a person believed to be suffering from a drug overdose is to be decided by the circuit court pretrial or by the fact finder at trial. The circuit court ruled the question should be determined at trial; Williams and the State assert it should be determined pretrial. We also address which party carries the burden of proof on the immunity question and by what standard. Williams and…