2019 WI 40
SUPREME COURT OF WISCONSIN
CASE NO.: 2016AP1276-CR
COMPLETE TITLE: State of Wisconsin,
Plaintiff-Respondent,
v.
Nelson Garcia, Jr.,
Defendant-Appellant-Petitioner.
REVIEW OF DECISION OF THE COURT OF APPEALS
Reported at 382 Wis. 2d 269,915 N.W.2d 729
(2018 – unpublished)
OPINION FILED: April 19, 2019
SUBMITTED ON BRIEFS:
ORAL ARGUMENT: April 10, 2019
SOURCE OF APPEAL:
COURT: Circuit
COUNTY: Milwaukee
JUDGE: William S. Pocan
JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING: ABRAHAMSON, J. did not participate.
ATTORNEYS:
For the defendant-appellant-petitioner, there were briefs
filed by Pamela Moorshead, assistant state public defender.
There was an oral argument by Pamela Moorshead.
For the plaintiff-respondent, there was a brief filed by
Katherine D. Lloyd, assistant attorney general, with whom on the
brief was Joshua L. Kaul, attorney general. There was an oral
argument by Katherine D. Lloyd.
An amicus curiae brief was submitted on behalf of The
Innocence Project, Inc., and The Wisconsin Innocence Project of
the Frank J. Remington Center, University of Wisconsin Law
School, by Keith A. Findley and Wisconsin Innocence Project,
Madison. With whom on the brief was Alexis Agathocleous and The
Innocence Project, Inc., New York, New York.
2
2019 WI 40
NOTICE
This opinion is subject to further
editing and modification. The final
version will appear in the bound
volume of the official reports.
No. 2016AP1276-CR
(L.C. No. 2012CF104)
STATE OF WISCONSIN : IN SUPREME COURT
State of Wisconsin,
Plaintiff-Respondent,
FILED
v. APR 19, 2019
Nelson Garcia, Jr., Sheila T. Reiff
Clerk of Supreme Court
Defendant-Appellant-Petitioner.
¶1 PER CURIAM. The decision of the court of appeals is
affirmed by an equally divided Court.
¶2 SHIRLEY S. ABRAHAMSON, J., withdrew from
participation.
No. 2016AP1276-CR
1
State v. Nelson Garcia, Jr.
Combined Opinion