MADISON, WI (WTAQ-WLUK)- The state Court of Appeals will not hear a challenge to the state’s felony murder charge before the defendant in an Appleton shooting goes to trial.
Henry Nellum allegedly started a disturbance at Jack’s Apple Pub last May.
During the police response, Appleton Police Lt. Jay Steinke shot and killed a bystander, Jimmy Sanders, who was not involved in the fight. Lt. Stenke was cleared of any wrong-doing.
Nellum, however, was charged with felony murder for Sanders’ death. Under Wisconsin law, because Nellum allegedly initiated the sequence of events which led to Sanders’ death, Nellum can be charged with Sanders’ death, even though he was not directly responsible for it.
While Nellum is scheduled to stand trial in August, earlier this year, an Outagamie County judge placed the case on hold so Nellum’s attorney could challenge the felony murder statute before the court of appeals.
In a ruling issued Thursday, however, the Court of Appeals said it would not grant what’s known as an ‘interlocutory’ appeal.
The one-page order says the request fails to accomplish any of three purposes allowed for such an appeal: materially advance the termination of the litigation or clarify further proceedings in the litigation, protect the petitioner from substantial or irreparable injury, or clarify an issue of general importance in the administration of justice.
Nellum returns to court Friday for a status conference.
