Sufficiency of Evidence

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Eric L. Moore

Case No.: 2016AP1292-CR

Officials: BRENNAN, P.J.

Focus: Sufficiency of Evidence

Eric L. Moore was convicted by a jury of two counts of battery and two counts of disorderly conduct, all as a repeater.  He now appeals, arguing that he is entitled to a new trial for two reasons. First, he argues that the trial court erred in admitting an audio recording of a 911 call made by a child to request help when Moore was violently assaulting A.J. Second, he argues that he received ineffective assistance of counsel when counsel strategically, and with Moore’s agreement, opted not to offer the following evidence: (1) A.J.’s reports to police that Moore had injured her, (2) her statement recanting, and, (3) the fact that she received a citation for obstructing justice. Third, he further argues that, as to two of the counts, the evidence that he was the person who committed the crime is insufficient to sustain the jury’s verdict and that the convictions must be vacated. We reject Moore’s arguments 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.