MADISON, Wis. (WSAU) – The state’s highest court has agreed to hear a legal challenge involving a Wausau man suspected of killing a Schofield teen in 2007.
Justices will decide which law a judge should use in ruling whether statements that Devin Felix gave to police or evidence they gathered can be used at trial.
At issue is what is known as the “attenuation doctrine,” which says that lawyers can still use evidence obtained illegally if they prove the connection between the evidence and the illegal means has been attenuated or reduced over time.
Felix was serving a 28-year prison sentence for killing Nathaniel Davids at a house party on Spring Street in Schofield in September 2007.
But an appeals court ruled in late March that police illegally arrested Felix and gathered evidence from his apartment, including the suspected murder weapon, without a warrant. The court threw out those statements and evidence and ordered a new trial.