Legal Opinion

State v. Corey R. Kucharski

Wisconsin Supreme Court

Decided July 7, 2015No. 2013AP000557-CRPublishedCited by 9 opinions

1Opinion of the CourtN. Patrick Crooks, J.

¶ 1. This is a double-murder case that centers on the evidence presented on the question of the defendant's mental responsibility. *664The circuit court1 found the defendant responsible. The court of appeals, in a split decision,2 granted the defendant a new trial under its discretionary authority to reverse convictions in cases where "it appears from the record that... it is probable that justice has for any reason miscarried[.]"3 We now reverse the grant of a new trial because we conclude that the court of appeals erroneously exercised its discretion, and we remand to the court of appeals for…

2Cases cited20 opinions

  1. Morden v. Continental AGWisconsin Supreme Court · 2000
  2. Gauthier v. StateWisconsin Supreme Court · 1965
  3. State v. BergenthalWisconsin Supreme Court · 1970
  4. State v. LeachWisconsin Supreme Court · 1985
  5. State v. FlakeTennessee Supreme Court · 2002

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3Cited by9 opinions

  1. State v. Rory A. McKellipsWisconsin Supreme Court · 2016
  2. State v. BrooksCourt of Appeals of Wisconsin · 2018
  3. State v. Corey R. KucharskiWisconsin Supreme Court · 2015
  4. State v. JohnsonCourt of Appeals of Wisconsin · 2018
  5. State v. MaloneCourt of Appeals of Wisconsin · 2018

4 more not listed; retrieve them via the Exa API.

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