Evidence — prior violent acts — other acts

Listen to this article

Wisconsin Court of Appeals

Criminal

Evidence — prior violent acts — other acts

Brian J. Anderson appeals the judgment convicting him of first-degree intentional homicide with the use of a dangerous weapon. He also appeals from the order denying his postconviction motion. On appeal, Anderson — who shot and killed one of his roommates, believed to be covering for another friend who was having an affair with Anderson’s fiancée — argues that the trial court erroneously exercised its discretion by: (1) denying the admission of most of the evidence he moved to admit under McMorris v. State, 58 Wis. 2d 144, 205 N.W.2d 559 (1973); and (2) admitting other acts evidence concerning an incident three weeks prior to the shooting where Anderson pistol-whipped a couple of men who made sexual comments about his fiancée. We disagree and affirm. Not recommended for publication in the official reports.

2013AP913-CR State v. Anderson

Dist I, Milwaukee County, Brostrom, J., Curley, P.J.

Attorneys: For Appellant: Hart, Richard H., Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee