New Trial – Retroactive Misjoinder

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Robert Mario Wheeler

Case No.: 2016AP55-CR

Officials: Brennan, P.J., Kessler, and Brash, JJ.

Focus: New Trial – Retroactive Misjoinder

Robert Mario Wheeler appeals from a judgment of conviction for being a felon in possession of a firearm and an order denying his post-conviction motion for a new trial. Wheeler argues that the trial court violated his right to procedural and substantive due process by rendering a verdict on the felon in possession count, which was tried to the court, while the jury was deliberating on the count of reckless injury and denying him an opportunity to make a closing argument on the felon in possession count. He also argues that because there was a mistrial as to the reckless injury count and the State ultimately dismissed that count, he is entitled to have a new trial on the felon in possession count under the doctrine of retroactive misjoinder. Finally, he argues that the conviction is not supported by sufficient evidence. We disagree and affirm.

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Attorney Derek A. Hawkins is the managing partner 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.