Legal Opinion

State v. McAllister

Court of Appeals of Wisconsin

Decided November 15, 1989No. 88-1364-CRPublishedCited by 10 opinions

1Opinion of the CourtSundby, J.

David McAllister appeals from a judgment convicting him of possession of a firearm as a felon, contrary to sec. 941.29, Stats.1 McAllister claims that because he was willing to stipulate that he was a convicted felon, the trial court abused its discretion in admitting evidence of the nature of his prior felony conviction.

We conclude that where prior conviction of a felony is an element of the offense with which the defendant is charged and the defendant is willing to stipulate that he or she is a convicted felon, evidence of the nature of the felony is irrelevant if offered solely to…

2Cases cited21 opinions

  1. State v. DyessWisconsin Supreme Court · 1985
  2. State v. PharrWisconsin Supreme Court · 1983
  3. United States v. Clyde Alvin Williford, Sr., Clyde Alvin Williford, Jr.Court of Appeals for the Eleventh Circuit · 1985
  4. United States v. Samuel M. ChaimsonCourt of Appeals for the Seventh Circuit · 1985
  5. United States v. Robert Donald SpletzerCourt of Appeals for the Fifth Circuit · 1976

16 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. PerkinsWisconsin Supreme Court · 2001
  2. State v. WallermanCourt of Appeals of Wisconsin · 1996
  3. State v. WarbeltonWisconsin Supreme Court · 2009
  4. State v. ArticCourt of Appeals of Wisconsin · 2008
  5. State v. PerkinsCourt of Appeals of Wisconsin · 2000

5 more not listed; retrieve them via the Exa API.

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