2009AP25-CR State v. Rhodes

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Criminal Procedure
Right to cross-examine

Olu A. Rhodes appeals a judgment entered after a jury found him guilty of first-degree intentional homicide as party to a crime, see Wis. Stat. §§ 940.01(1)(a) & 939.05, and first-degree recklessly endangering safety as party to a crime, see Wis. Stat. §§ 941.30(1) & 939.05. Rhodes makes four claims: (1) the trial court erred when it cut off his cross-examination of Nari Rhodes while he was trying to "rebut the State's allegation that [Olu A. Rhodes] had a motive to harm the victim"; (2) the trial court erroneously allowed a State witness to give allegedly unqualified expert testimony; (3) the trial court erroneously allowed the State to use cellular telephone records to place Olu A. Rhodes at the scene of the shootings; and (4) the trial court erroneously excluded prior-conviction evidence of one of the victims. We reverse on the first issue and remand for a new trial; thus, we do not address the other issues. See Gross v. Hoffman, 227 Wis. 296, 300, 277 N.W. 663, 665 (1938) (only dispositive issue need be addressed); State v. Blalock, 150 Wis. 2d 688, 703, 442 N.W.2d 514, 520 (Ct. App. 1989) ("cases should be decided on the narrowest possible ground"). Publication in the official reports is not recommended.

2009AP25-CR State v. Rhodes

Dist I, Milwaukee County, McMahon, J., Fine, J.

Attorneys: For Appellant: Grau, John J., Waukesha; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee

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