Legal Opinion

State v. Smith

Court of Appeals of Wisconsin

Decided June 25, 1996No. 94-3350-CRPublishedCited by 15 opinions

1Opinion of the CourtSullivan, J.

Walter Smith appeals from a judgment of conviction for first-degree intentional homicide, as a party to a crime. He also appeals from an order denying his motion for postconviction relief. At issue is whether the trial court committed reversible error when it refused to allow Smith, under Rule 906.09, STATS., to impeach a State witness by introducing evidence of the witness's prior criminal convictions. We conclude that the trial court misapplied Wisconsin law when it excluded the evidence, and further, that this error was not harmless. Accordingly, we must reverse both the judgment and order…

2Cases cited8 opinions

  1. McCleary v. StateWisconsin Supreme Court · 1971
  2. State v. DyessWisconsin Supreme Court · 1985
  3. State v. HutnikWisconsin Supreme Court · 1968
  4. State v. KuntzWisconsin Supreme Court · 1991
  5. State v. SanchezWisconsin Supreme Court · 1996

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3Cited by15 opinions

  1. State v. StuartWisconsin Supreme Court · 2005
  2. State v. Gary M.B.Wisconsin Supreme Court · 2004
  3. Schultz v. SykesCourt of Appeals of Wisconsin · 2001
  4. State v. CarnemollaCourt of Appeals of Wisconsin · 1999
  5. State v. TrawitzkiCourt of Appeals of Wisconsin · 2000

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