Evidence — third-party culpability

By: WISCONSIN LAW JOURNAL STAFF//June 17, 2014//

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Wisconsin Court of Appeals

Criminal

Evidence — third-party culpability

Randal Rosenthal, Jr., appeals a judgment convicting him of first-degree intentional homicide. The trial court prohibited Rosenthal from presenting evidence of third-party culpability because Rosenthal failed to meet the criteria set out in State v. Denny, 120 Wis. 2d 614, 624, 357 N.W.2d 12 (Ct. App. 1984). Rosenthal contends the Denny rule violates the defendant’s due process right by arbitrarily restricting his right to present a defense, and Denny, as applied in this case, denied him that right. We affirm the judgment. This opinion will not be published.

2013AP1847-CR State v. Rosenthal

Dist III, Outagamie County, Gage, J., Per Curiam

Attorneys: For Appellant: Provis, Timothy A., Port Washington; For Respondent: Schneider, Carrie A., Appleton; Lloyd, Katherine Desmond, Madison

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