Insufficiency of Evidence

By: Derek Hawkins//July 20, 2015//

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Criminal

WI Court of Appeals – District I

Officials: Blanchard, P.J., Higginbotham and Kloppenburg, JJ

Insufficiency of Evidence

2014AP1759-CR State of Wisconsin v. Damon James Edward Howard

Appellant appeals decision of the circuit court arguing that the evidence was insufficient on the “utter disregard for human life” element. On that element, the jury was instructed to decide whether the defendant’s conduct showed utter disregard for human life, after considering factors such as what the defendant was doing, and why; how dangerous the conduct was; and whether the conduct showed any regard for life. We affirm the verdict unless the evidence, viewed most favorably to the State and the conviction, is so insufficient in probative value and force that no reasonable trier of fact could have found guilt beyond a reasonable doubt. State v. Poellinger, 153 Wis. 2d 493, 501, 451 N.W.2d 752 (1990). Credibility of witnesses is for the trier of fact. Id. at 504.

Decision

Affirmed. Per Curiam.

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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