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Appeals court reverses DNA test ruling in murder case PDF Print E-mail
Written by BILL SCHANEN IV   
Wednesday, 30 March 2016 19:25

Panel overturns Voiland’s decision, says man serving life for 1982 Grafton slaying entitled to evidence analysis

Overturning a decision by an Ozaukee County circuit judge, the District 2 Wisconsin Court of Appeals last week ruled that one of two brothers sentenced to life in prison for a 1982 Grafton murder is entitled to have evidence in the case tested for DNA nearly 34 years later.

The appeals court determined that Judge Joseph Voiland erred by misinterpreting the law when he denied a motion in January 2015 filed on behalf of Jeffrey Denny by the Wisconsin Innocence Project and his public defender seeking evidence testing with methods not available when an Ozaukee County jury convicted Denny and his brother Kent of the gruesome murder of Grafton resident Christopher Mohr.

The appeals court concluded that Denny, 52, is not only entitled to DNA evidence testing but that the testing should be done at public expense because his conviction could have hinged on such technology had it been available at the time.

Appeals Judge Brian Hagedorn, one of three judges who considered the case, agreed that Denny is entitled to have evidence submitted for DNA testing but in a dissenting opinion argued the circumstances of his case do not warrant testing at public expense.  

Voiland ruled in January 2015 that Denny was not entitled to have DNA evidence testing done even at his expense.

Last Updated on Wednesday, 30 March 2016 19:31
 
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