State v. BVOCIK

¶ 1. In State v. Weiss, 2008 WI App 72, ¶¶ 15-17, 312 Wis. 2d 382, 752 N.W.2d 372, we held that when a prosecutor's closing argument asks the jury to draw an inference that the prosecutor knows or should know is not true, it is improper argument which may require reversal. This is a Weiss-type case. The State alleged that Clifford D. Bvocik used a computer to facilitate a meeting with what he thought to be an underage girl in order to have sex, contrary to Wis. Stat. § 948.075(1) (2007-08). There never was an underage girl; she was a twenty-eight-year-old woman pretending to be fourteen.…