State v. Raymond L. Nieves

¶ 70.

ANN WALSH BRADLEY, J.

{dissenting). In no uncertain terms, the legislature enacted a statute mandating that a judge "shall grant a severance" where statements of one defendant will implicate the other in the crime charged:

The district attorney shall advise thé court prior to trial if the district attorney intends to use the statement of a codefendant which implicates another defendant in the crime charged. Thereupon, the judge shall grant a severance as to any such defendant.

Wis. Stat. § 971.12(3) (emphasis added).

¶ 71. This language is not confusing. It does not suggest multiple meanings…