00-3017-CR State v. Gray

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Tony J. Gray appeals from the judgment convicting him of one count of first-degree reckless homicide while using a dangerous weapon, as a party to the crime, and two counts of recklessly endangering safety while using a dangerous weapon, as a party to the crime. Gray first argues that Wisconsin’s approach to the admission of conditionally relevant evidence first approved in Huddleston v. United States, 485 U.S. 681, 690 (1988), and adopted in State v. Gray, 225 Wis.2d 39, 59-61, 590 N.W.2d 918 (1999), violates his due process rights. Next, Gray argues that the trial court erred when it ruled two of four incidents of “other acts” evidence under Wis. Stat. sec. 904.04(2) were admissible evidence. Gray also argues ineffective assistance of counsel, as trial counsel failed to call a records custodian to support Gray’s alibi defense and neglected to request an accomplice jury instruction. Finally, Gray contends that the trial court erred when it refused his request for a falsus in uno jury instruction.

We disagree with all of Gray’s arguments and affirm the judgment of conviction and the order denying postconviction relief. This opinion will not be published.

Dist I, Milwaukee County, Lamelas, J., Per Curiam

Attorneys:

For Appellant: Martin E. Kohler, Milwaukee; John C. Thomure Jr., Milwaukee; Ernesto Chavez, Madison

For Respondent: Robert D. Donohoo, Milwaukee; Daniel J. O’Brien, Madison