(Download) "State V. Konkol" by State of Wisconsin in Court of Appeals District II " Book PDF Kindle ePub Free
eBook details
- Title: State V. Konkol
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 19, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
¶1. In this OWI case, the State anticipated before trial what the theory of the defense would be and planned to rebut the theory by use of expert witness testimony. The issue we face on appeal, one of first impression in Wisconsin, is whether the State was required to disclose a known and anticipated rebuttal witness regardless of the statement in Wis. Stat. § 971.23(1)(d) (1999-2000)*fn1 that the duty to disclose expert witnesses "does not apply to rebuttal witnesses or those called for impeachment only." We determine that the discovery statute places no duty on a prosecutor to list a rebuttal witness even if he or she knows before trial that the witness will be called. To put it bluntly, the defense takes its chances when offering a theory of defense and the State can keep knowledge of its legitimate rebuttal witnesses from the defendant without violating § 971.23(1)(d).