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REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 382 Wis. 2d 269,915 N.W.2d 729 (2018 – unpublished) OPINION FILED: April 19, 2019 SUBMITTED ON BRIEFS: ORAL ARGUMENT: April 10, 2019 SOURCE OF APPEAL: COURT: Circuit COUNTY: Milwaukee JUDGE: William S. Pocan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.

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