2009AP2256-CR & 2009AP2257-CR State v. Linton

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Criminal Procedure
Joinder

Where two felony murder charges both involved property crimes that resulted in death, joinder was proper.
“In light of the broad construction we afford the joinder statute in favor of joinder, see Hoffman, 106 Wis. 2d at 208, we conclude that the aforementioned overlap in testimony is sufficient because both cases involved homicides that ensued after efforts were made to take property from another (England, attempted armed robbery; Cuey, armed burglary) within an approximately one-week time frame. As further support for this conclusion, we note that if the cases against Linton had been tried separately, testimony would have been introduced connecting the two homicides because it was only through police investigation of the Cuey homicide that they connected Linton to the England homicide. Thus, we agree with the State’s assessment that ‘the manner in which the England death investigation focused on [Linton], the fact that he was implicated in the Cuey murder was admissible in the England trial to explain to the jury how police identified Linton as England’s assailant.'”

Affirmed.

Recommended for publication in the official reports.

2009AP2256-CR & 2009AP2257-CR State v. Linton

Dist. I, Milwaukee County, Donald, J., Curley, J.

Attorneys: For Appellant: Redding, Joseph E., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Weinstein, Warren D., Madison

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