Sufficiency of Evidence

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. James E. Gray

Case No.: 2017AP452-CR

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Sufficiency of Evidence

James Gray appeals from a judgment convicting him of five counts of identity theft and an order denying his motion for postconviction relief. The charges stemmed from the unauthorized use of a credit card and a debit card. The State introduced surveillance videos from the various establishments where the cards were used showing a man matching Gray’s appearance wearing a beret-style hat and cane using the cards. A similar beret style hat was recovered from Gray when he was arrested, and a black cane was discovered at his workplace. The State also introduced a shirt and bifold wallet recovered from Gray’s residence. On appeal, Gray claims that the wallet and shirt were taken in violation of his Fourth Amendment rights and should therefore be excluded. He also takes issue with certain witness testimony, the sufficiency of the evidence, and the jury instructions. We reject Gray’s arguments and affirm the judgment and order.

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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.