Abuse of Discretion – Evidentiary Hearing

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Willie G. Allison

Case No.: 2020AP1519-CR

Officials: Stark, P.J., Hruz and Reilly, JJ.

Focus: Abuse of Discretion – Evidentiary Hearing

Willie Allison appeals a judgment, entered upon a jury’s verdicts, convicting him of three counts of human trafficking, as a repeater; one count of second-degree reckless injury, as a repeater; two counts of delivering three grams or less of heroin, as a second or subsequent offense, with one count as a party to a crime; and one count of maintaining a drug trafficking place, as a second or subsequent offense. Allison also appeals the order denying his postconviction motion, which sought a new trial or, in the alternative, resentencing.

Allison argues that the State engaged in prosecutorial misconduct related to the cross-examination of a witness; the circuit court erroneously exercised its discretion by limiting cross-examination of the same witness; the evidence was insufficient to support his conviction for second-degree reckless injury; and he was denied the effective assistance of trial counsel. Allison also claims that the court erroneously exercised its sentencing discretion, and that he is entitled to resentencing with a new presentence investigation report (“PSI”). Finally, Allison contends that the court erred by denying his motion for a new trial without an evidentiary hearing. We reject Allison’s arguments, and we affirm the judgment and order.

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Derek A Hawkins is Corporate Counsel, at Salesforce.