2010AP742-CR State v. Anderson

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Criminal Procedure
Miranda warnings; impeachment evidence

Marlon Anderson appeals the judgment of conviction entered upon a jury verdict finding him guilty of first degree recklessly endangering safety while using a dangerous weapon in violation of Wis. Stat. §§ 941.30(1) and 939.63 (2007-08). He contends the circuit court erred in allowing the State to introduce for impeachment purposes portions of his videotaped police interview obtained in violation of Miranda v. Arizona, 384 U.S. 436, 444, 447 (1966). He asserts the statements were not admissible because they were not inconsistent with his trial testimony. We conclude that certain statements were inconsistent and properly admitted. For the reasons we explain below, we conclude that any error in admitting consistent statements was harmless. Accordingly, we affirm the judgment of conviction.  Not recommended for publication in the official reports.

2010AP742-CR State v. Anderson

Dist I, Milwaukee County, Donald, J., Vergeront, P.J.

Attorneys: For Appellant: Kachelski, Angela Conrad, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Freimuth, James M., Madison

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