MEIER APPEAL COULD TRAVEL A NUMBER OF ROUTES
Wednesday, June 2nd, 2010 -- 1:07 PM
There are still plenty of ?what ifs? in a Neillsville bar room death case.As we reported last week, Tyler Meier wants to appeal his conviction on a felony-murder charge.
Meier was sentenced to five years in prison for landing the punch that caused 43-year-old Keith Young to fall and hit his head at the Brickyard Bar and Restaurant on February 1st of last year. Young was hospitalized in critical condition from shortly after the assault, to the time of his death on February 3.
Meier pleaded ?no contest? to the charge and was sentenced on March 15th. The appeal was filed on May 12th; well after the 20-day deadline passed.
But, Clark County District Attorney Darwin Zwieg expects the 4th District Court of Appeals in Madison will grant a defense motion to extend the deadline.
Meier could appeal directly to the appellate court, or seek to have his plea voided by Wood County Judge James Mason, who presided over the case. It appears Meier will claim he received ineffective counsel from attorney Harry Hertel. In that case, Mason would hold what?s called a Machner Hearing, where Hertel would likely be called as a witness.
Zwieg says that argument could be tough for Meier to make.
If Mason does allow Meier to withdraw the plea, the case would be reopened, and could head for trial.
Zwieg expects the appellate court to act within a couple weeks.
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