Criminal Procedure
Discovery; self-defense

Where a defendant has a claim of perfect self-defense, the court cannot order him to disclose all specific incidents of the victim's violent conduct, including witnesses and the relevant dates and locations.

"Wisconsin Stat. § 971.23 does not require a criminal defendant to give pretrial notice of any specific theory of defense that the defendant intends to present at trial, other than a notice of 'alibi.' See Wis. Stat. § 971.23(8). In addition, the discovery statute does not require a defendant to divulge the details of his or her own case. See State v. Konkol, 2002 WI App 174, ¶17, 256 Wis. 2d 725, 649 N.W.2d 300. Thus, the discovery statute does not require McClaren to give pretrial notice of a claim of self-defense or of intended McMorris evidence to support such a claim."

Reversed.

Recommended for publication in the official reports.

2007AP2382-CR State v. McClaren

Dist. IV, Jefferson County, Koschnick, J., Bridge, J. .

Attorneys: For Appellant: Happ, Susan V., Jefferson; For Respondent: Wambach, David J., Jefferson; Freimuth, James M., Madison; Shock, Jeffrey M., Jefferson

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