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Sufficiency of Evidence

By: Derek Hawkins//October 16, 2018//

Sufficiency of Evidence

By: Derek Hawkins//October 16, 2018//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Darrin L. Malone

Case No.:  2017AP680-CR

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

Focus: Sufficiency of Evidence

At approximately 10:40 p.m. on January 13, 2015, two men wearing green masks and blue latex gloves robbed a Citgo convenience store, with the first, shorter, robber shooting and killing the clerk. It is undisputed this first robber was Kenneth Thomas. Both robbers left the scene in a getaway car undisputedly driven by Jerica Cotton.

Based upon evidence it had gathered indicating Darrin Malone was the second robber, the State charged him with felony murder, as a party to the crime, and following a four-day trial, a jury convicted him of that offense. Malone moved for postconviction relief, which motion the trial court denied. He now appeals his judgment of conviction and the denial of his postconviction motion. He claims he is entitled to a new trial for various reasons related to the trial court’s admission of “other acts” evidence of a separate robbery. For the following reasons, we conclude the trial court did not err in denying Malone’s motion for postconviction relief and he is not otherwise entitled to a new trial.

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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.

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