Motion for New Trial – Admission of Evidence

By: Derek Hawkins//April 11, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Simmie Omar Howard

Case No.: 2016AP425-CR

Officials: Kessler, Brash and Dugan, JJ.

Focus: Motion for New Trial – Admission of Evidence

Simmie Omar Howard appeals from an amended judgment of conviction for one count of strangulation and suffocation as domestic abuse and one count of felony bail jumping, contrary to WIS. STAT. §§ 940.235(1), 968.075(1)(a)1., and 946.49(1)(b) (2013-14). Howard also appeals from an order denying his postconviction motion for a new trial. Howard argues that the trial court committed plain error at trial when it admitted evidence concerning a domestic violence form allegedly signed by the victim when she was interviewed by the police. We conclude that the admission of the evidence was not plain error, and that even if it was, the error was harmless. Therefore, we 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.

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