Abuse of Discretion – Plain Error

By: Derek Hawkins//February 1, 2022//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Alexis Joel Reyes

Case No.: 2018AP1523-CR

Officials: Kloppenburg, Fitzpatrick, and Nashold, JJ.

Focus: Abuse of Discretion – Plain Error

Alexis Reyes appeals a judgment convicting him, after a jury trial, of one count of attempted first-degree intentional homicide as an act of domestic abuse and one count of first-degree reckless injury by use of a dangerous weapon. See WIS. STAT. §§ 940.01(1)(a), 939.32, 968.075(1)(a), 940.23(1)(a), and 939.63(1)(b) (2019-20). Reyes argues two issues on appeal. First, he argues that the circuit court erroneously exercised its discretion in denying his motion for a mistrial. Second, he argues that the admission of a police officer’s testimony that commented on another witness’s credibility constituted plain error entitling him to a new trial. For the reasons discussed below, we reject these arguments and affirm the judgment of the circuit court.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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