Criminal Procedure — right to cross-examine — harmless error

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — right to cross-examine — harmless error

James Harper appeals from a judgment of conviction entered after a jury found him guilty of attempted first-degree intentional homicide while armed, disorderly conduct while armed, and recklessly endangering safety by use of a firearm. He argues that the trial court erred by: (1) precluding cross-examination of the State’s ballistics expert with a report issued by the National Academy of Science (NAS); and (2) declining to suppress all portions of Harper’s custodial statement to police. We affirm the judgment.

While we agree that the trial court erroneously precluded cross-examination with the NAS report, we conclude that the error was harmless. We further hold that the portion of Harper’s statement admitted at trial was voluntarily made to police. This opinion will not be published.

2011AP1593-CR State v. Harper

Dist II, Kenosha County, Warren, J., Per Curiam

Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Zapf, Robert D., Kenosha