Criminal Procedure — self-defense

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Wisconsin Supreme Court

Criminal

Criminal Procedure — self-defense

A defendant in a homicide prosecution may not introduce evidence of the victim’s reputation for violence, when the defendant did not know of the victim’s reputation at the time of the offense.

“We hold that the circuit court did not erroneously exercise its discretion in denying Jackson’s motion to admit character evidence. The circuit court properly determined that in order for specific acts of violence to be admissible, ‘character or a trait of character of a person’ must be ‘an essential element of a charge, claim, or defense.’ In a homicide case where a claim of self-defense is raised, character evidence may be admissible as evidence of the defendant’s state of mind so long as the defendant had knowledge of the prior acts at the time of the offense. McMorris, 58 Wis.2d at 152. We also conclude that the circuit court did not err in denying Jackson’s motion to admit testimony that the victim had a reputation for violence under Wis. Stat. §904.05(1). Jackson failed to establish a proper foundation for the court to determine that evidence of the victim’s reputation for violence was admissible. We further conclude that, even assuming error occurred, that error was harmless. Therefore, we affirm the decision of the court of appeals.”

Affirmed.

2011AP2698-CR State v. Jackson

Ziegler, J.

Attorneys: For Appellant: Rebholz, James A., Milwaukee; Loebel, Karen A., Milwaukee; Moeller, Marguerite M., Madison