Criminal Procedure – joinder — out-of-court identification

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – joinder — out-of-court identification

Deontaye Terrel Lusk appeals the judgments of conviction in four Milwaukee County cases and the orders denying postconviction relief. Lusk was charged and convicted by a jury of thirteen felonies in four cases, all of which were joined for trial. On appeal of all cases, Lusk argues that joinder of his cases for trial was improper and prejudicial to his defense.

Lusk also argues that a photo lineup shown to one witness, Katie Dean, was unduly suggestive and that Dean’s identification should have been excluded. We conclude that under the facts alleged in the criminal complaints, joinder of these cases for trial was proper under applicable Wisconsin law. We also conclude that under the facts of this case, the photo lineup was not suggestive. We affirm. Not recommended for publication in the official reports.

2012AP587-CR, 2012AP588-CR, 2012AP589-CR, 2012AP590-CR State v. Lusk

Dist I, Milwaukee County, Dallet, J., Kessler, J.

Attorneys: For Appellant: Pinix, Matthew S., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Wren, Christopher G., Madison