State v. Dubose 2005 WI 126

The majority of the Wisconsin Supreme Court held that an out-of-court identification of the defendant in a "show-up" here violated the Wisconsin Consitution's due process requirement, Article I, Section 8, although it would not have been a denial of the due process requirement of the U.S. Constitution.

Article I, Section 8 provides, in pertinent part, "(1) No person may be held to answer for a criminal offense without due process of law... ."

The dissents call this a departure from prior cases which indicated this provision has the same meaning as its federal counterparts.

Update: Summary of Dubose and David Ziemer's report on Dubose and Knapp in the Wisconsin Law Journal