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Appellate Advocacy Keyed to Meador, 2nd Ed.
Wisconsin v. Picotte
Citation:
661 N.W.2d 381 (2003)Facts
On September 26, 1996, Waylon Picotte was involved in a fight outside a Green Bay bar. During the altercation, John Jackson was struck in the face and hit his head on a brick wall, suffering brain damage that left him in a coma. Picotte was charged with aggravated battery and substantial battery in October 1996, to which he pled guilty and received a 15-year prison sentence. On June 8, 1999, more than two years after the incident, Jackson died from complications arising from his injuries. Picotte was subsequently charged with first-degree reckless homicide, convicted by a jury, and sentenced to an additional 30 years in prison. Picotte filed postconviction motions arguing that his prosecution and conviction for homicide violated the common-law year-and-a-day rule, as Jackson died more than a year and a day after sustaining the injuries.
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