01-0809-CR State v. Cason

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Raheim Cason appeals the judgment entered after a jury convicted him of attempted first-degree intentional homicide while using a dangerous weapon and first-degree reckless injury while using a dangerous weapon pursuant to Wis. Stat. secs. 940.01(1)(a), 939.32, 939.63 and 940.23(1)(a) (1999-2000). Cason also appeals from the trial court’s order denying his postconviction motion. Cason argues that the trial court erroneously exercised its discretion in both denying his motion for a new trial following the post-trial confession to the shooting by an alibi witness, Danielle Carrington, and in refusing to admit the statement of another witness to the shooting after the witness failed to appear at trial. Because the alibi witness’s confession is recantation testimony needing corroboration under State v. McCallum, 208 Wis. 2d 463, 561 N.W.2d 707 (1997), and Cason has failed to corroborate the witness’s confession, the confession does not merit a new trial. Additionally, the trial court’s failure to admit the statement of the other witness, while perhaps error, was harmless.

Thus, we affirm.

This opinion will not be published.

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

Attorneys:

For Appellant: Richard L. Kaiser, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee, Jennifer E. Nashold, Madison