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Wisconsin v. Picotte
Wisconsin Supreme Court
661 N.W.2d 381 (2003)
- Written by Jennifer Flinn, JD
Facts
Picotte (defendant) struck Jackson during a fight, causing Jackson to hit his head on a brick wall. As a result, Jackson suffered a brain injury and was left in a coma. Picotte was convicted of battery and sentenced to 15 years of incarceration. Two years later, Jackson died as a result of the brain injury. Picotte was then charged and convicted of reckless homicide. Picotte filed a postconviction motion alleging that his conviction violated the common-law year-and-a-day rule, which effectively bars prosecution for homicide if the victim dies more than a year and a day after the act that allegedly caused the death. The trial court denied Picotte’s motion, and Picotte appealed.
Rule of Law
Issue
Holding and Reasoning (Abrahamson, C.J.)
Concurrence/Dissent (Sykes, J.)
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