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Defenses – Venue – First-Degree Intentional Homicide – Sufficient Bindover Showing of Killing in County Where Prosecution Lodged

State v. Derek Anderson, 2005 WI 54, on certification
For Anderson: Neil C. McGinn, SPD, Milwaukee Trial; Wm. J. Tyroler, SPD, Milwaukee Appellate

Issue/Holding: Venue, § 971.19(1), requires trial in the county where the crime was committed; bindover proof of venue in a first-degree intentional homicide was sufficient (taking the inferences in favor of bindover) to show that defendant killed the victim in the county where the prosecution was lodged, where: the victim left work scheduled to take a trip to a cabin but never made it and was found dead over 1500 miles away; defendant was the last person to see the vicitm alive shortly before he disappeared, at the family home in the county of prosecution; a large number of unexplained miles were run up on the vehicle used by defendant; the victim was in a good mood until receiving a phone call at work from the defendant but then became visibly distressed and told a co-worker,”We may have to go to a funeral”; and, the victim had earler told a co-worker that the defendant had threatened him and attacked him one night after work, ¶¶ 53-77.

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