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Costs – payment for sexual assault examination

State v. Daniel E. Rohe, 230 Wis.2d 294, 602 N.W.2d 125 (Ct. App. 1999)
For Rohe: Charles B. Vetzner, SPD, Madison Appellate.

Issue: Whether costs for a sexual assault examination were properly taxable, where the examination neither produced any results nor was used at trial.

Holding: Because the examination was part of the state’s investigation and prosecution; and because the examiners were on the state’s witness list, their “development of evidence was used in the prosecution” and their fees were taxable under the expert witness provision of § 973.06(1)(c).


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