State Wisconsin v. Raymond Walter Weber Book Reviews

State Wisconsin v. Raymond Walter Weber by Court of Appeals of Wisconsin Book Summary

When we first decided this case, we were obligated to follow the court of appeals' decision in State v. Koput, 134 Wis. 2d
195, 396 N.W.2d 773 (Ct. App. 1986), rev'd, 142 Wis. 2d 370, 418 N.W.2d 804 (1988). In that case, the court of appeals held
that when prejudicial error has been found in the mental responsibility phase of a bifurcated criminal trial, there must be
a new trial on the guilt phase as well. The court of appeals read the law as requiring one continuous trial. After our initial
decision in this instant case, the supreme court reversed the court of appeals in State v. Koput, 142 Wis. 2d 370, 418 N.W.2d
804 (1988), holding that where the error is only in the responsibility phase, there is no reason for retrial of the guilt
phase. Subsequently, the supreme court accepted the state's petition for review of this case, summarily vacated our decision,
and remanded the matter to us for further consideration in light of its opinion in Koput. On remand, Weber argues that this case is distinguishable from Koput. In Koput, the defendant claimed error in the mental
responsibility phase. Weber reads the supreme court's decision to say that when a defendant claims error only as to the second
phase of a bifurcated trial, then it would be an unjustifiable "windfall" to afford that person a new trial on the first phase
when the defendant has never claimed to have had a problem with the first phase.

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