JUSTICE FOR THE CONVICTED
MARTELL ROGERS
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The reissued count cannot be valid because each of the following are true:
Because of the U.S. Constitution, citizens of Wisconsin may only be bound and criminally charged for a crime if either
Probable cause for the charge is found in a preliminary hearing
The item is deemed "transactionally related" to another crime where probable cause exists
No probable cause for the count was ever factually found on the record.
The Wisconsin Supreme Court decided new or unused evidence is required to reintroduce a charge (see WI statute 970.04, State v. Brown) and the State had no new or unused evidence in the trial court.
This count is not "transactionally related" based on the 7 criteria Wisconsin uses to determine this (see State v. Richer, State v. Burke).
