Criminal Procedure — new trials – discovery — prosecutorial misconduct

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — new trials – discovery — prosecutorial misconduct

Cheenou Xiong appeals two judgments of conviction entered on a jury’s verdict finding him guilty of two counts of delivery of methamphetamine contrary to Wis. Stat. § 961.41(1)(e)2. (2009-10) and an amended judgment of conviction finding him guilty of one count of delivery of cocaine contrary to Wis. Stat. § 961.41(1)(cm)3., each as a party to a crime contrary to Wis. Stat. § 939.05. In addition, Xiong appeals an order denying his postconviction motion seeking a new trial in the interest of justice because: (1) the State elicited inadmissible hearsay testimony connecting Xiong to a key figure in the case, Mai Moua; (2) the State introduced crime lab results in violation of a pretrial order and improperly failed to disclose discovery; (3) the State introduced evidence which improperly informed the jury of Xiong’s conviction and probation status; and (4) the State disparaged the role of defense counsel in closing argument. For the reasons we explain below, we affirm. Not recommended for publication in the official reports.

2011AP518-CR State v. Xiong

Dist IV, Portage County, Flugaur, J., Higginbotham, J.

Attorneys: For Appellant: Lang, Donald T., Madison; For Respondent: Knaapen, David R., Stevens Point; O’Neil, Aaron R., Madison