State v. Brecht

The State of Wisconsin (State) seeks review of a court of appeals’ decision, State v. Brecht, 138 Wis. 2d 158, 405 N.W.2d 718 (1987), that reversed the judgment of conviction for first degree murder entered against Todd A. Brecht (Brecht) by the circuit court for Buffalo county, Judge Peter G. Pappas. The court of appeals based its reversal on the grounds that references to Brecht’s pre-trial silence during cross-examination and'during the State’s closing argument impermissibly infringed on Brecht’s constitutional rights to silence and to a fair trial, and that such errors were prejudicial.

Whi…