WAUSAU, Wis. (WTAQ) - A state appeals court has reversed the homicide conviction of a Wausau area man.
The 3rd District Appellate Court agreed Tuesday that 28-year-old Devin Felix of Weston was wrongly denied, in his effort to stop the court from considering evidence that was obtained and statements he made after he was arrested without a warrant.
Felix was sentenced to 28 years in prison after he pleaded guilty to second-degree homicide in the stabbing death of 18-year-old Nathaniel Davids. It happened after a fight broke outside a home in Schofield in 2007.
The state Justice Department claimed that Felix was not entitled to have his statements suppressed, even if the arrest was found to be unconstitutional.
But the appeals judges didn’t buy that, and they ordered a circuit court to re-examine the case with the proper evidence suppressed.
The court said a judge could review evidence taken from Felix’s car, and a search of his home of which he consented.