Discretionary Error

By: Derek Hawkins//August 25, 2015//

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Criminal

WI Court of Appeals – District I

Officials: Curley, P.J., Brennan and Bradley, JJ

Discretionary Error

2014AP1873-CR State of Wisconsin v. Vaughn Caruth Gilmer

Vaughn Caruth Gilmer appeals the judgment convicting him of one count of possessing with intent to deliver two-hundred grams or less of tetrahydrocannabinols (“THC”) as a second or subsequent offense. See WIS. STAT. §§ 961.41(1m)(h)1. & 961.48(1)(b) (2011-12). On appeal, he argues that we should grant him a new trial because the trial court erroneously exercised its discretion by allowing the bag of marijuana that had been admitted into evidence into the jury room during deliberations. We disagree and affirm.

Decision

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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