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Court Error – Abuse of Discretion

By: Derek Hawkins//May 19, 2020

Court Error – Abuse of Discretion

By: Derek Hawkins//May 19, 2020

WI Court of Appeals – District II

Case Name: State of Wisconsin v. Kevin M. Lipscomb

Case No.: 2018AP2353-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Court Error – Abuse of Discretion

A jury found Kevin M. Lipscomb guilty of being party to a crime (PTAC) of armed robbery. He appeals from the judgment of conviction, alleging that the trial court erred by: (1) refusing to allow him to demonstrate his distinctive walk for the jury without being sworn or subject to cross-examination, (2) admitting cell phone photographic evidence of guns and cash, and (3) sua sponte instructing the jury that the victim’s homeowners insurance policy did not cover the loss. He also seeks a new trial in the interest of justice. If the court did err, any reviewable error was harmless. We affirm.

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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. [/box]


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