Legal Opinion

State v. Driver

Court of Appeals of Wisconsin

Decided February 26, 2019No. Appeal No. 2018AP870-CRPublished

1Opinion of the CourtBrennan, J.

¶1 Deshawn J. Driver appeals a judgment of conviction for armed robbery and an order denying his postconviction motion.1 Driver argues that he is entitled to a remand for a restitution hearing before a different judge. At the start of Driver's restitution hearing, the trial court told defense counsel on the record, before hearing testimony from any witness, that the victim's word "is more credible than your client's words[.]" Later in the hearing, when defense counsel told the court that Driver and his co-defendant did not see "a lot" of the items the victim claimed were in the stolen car,…

2Cases cited11 opinions

  1. Neder v. United StatesSupreme Court of the United States · 1999
  2. State v. EricksonWisconsin Supreme Court · 1999
  3. Nicholas v. StateWisconsin Supreme Court · 1971
  4. Turner v. TaylorCourt of Appeals of Wisconsin · 2003
  5. State v. CarprueWisconsin Supreme Court · 2004

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