Evidence – relevance — undue prejudice

By: WISCONSIN LAW JOURNAL STAFF//April 3, 2014//

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Wisconsin Court of Appeals

Criminal

Evidence – relevance — undue prejudice

Cody Lee Cromwell appeals a judgment of conviction for strangulation/suffocation and misdemeanor battery, both as a repeater. He argues that the trial court erroneously exercised its discretion in allowing the jury to hear recorded phone calls he made from the jail and by sending the victim’s written statement to police into the jury room. He also requests a new trial under Wis. Stat. § 752.35 (2011-12), on the ground that the real controversy was not fully tried. We affirm the judgment. This opinion will not be published.

2012AP1595-CR State v. Cromwell

Dist IV, Grant County, Day, J., Per Curiam

Attorneys: For Appellant: Hintze, Donna L., Madison; For Respondent: Whelan, Maura F.J., Madison; Riniker, Lisa A., Lancaster

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