Inconsistent Verdicts – Request for Discretionary Reversal

By: Derek Hawkins//June 25, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lavontae William Cooper

Case No.: 2018AP1695-CR

Officials: Kessler, P.J., Brennan and Brash, JJ.

Focus: Inconsistent Verdicts – Request for Discretionary Reversal

Lavontae William Cooper appeals from a judgment of conviction for one count of first-degree recklessly endangering safety and one count of armed robbery, both as a party to a crime. See WIS. STAT. §§ 941.30(1), 943.32(2), and 939.05 (2015-16). Cooper, who was acquitted of being a felon in possession of a weapon and found not to have used a dangerous weapon when he recklessly endangered safety, argues that the verdicts were inconsistent. He seeks acquittal or a new jury trial. In the alternative, he asks this court to order a new trial in the interest of justice pursuant to WIS. STAT. § 752.35 because the real controversy was not fully tried. We reject his arguments, deny his request for discretionary reversal, and affirm the judgment.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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