Postconviction Relief-Evidence

By: WISCONSIN LAW JOURNAL STAFF//December 12, 2022//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jesse N. McCauley

Case No.: 2021AP000191-CR

Officials: Brash, C.J., Dugan and White, JJ.

Focus: Postconviction Relief-Evidence

McCauley appeals a judgment of conviction for felony murder and possession of a firearm by a felon. He also appeals an order of the trial court denying his postconviction motion. On appeal, he argues that he is entitled to a new trial because the judge was biased in favor of the State in violation of his right to due process, and that the State presented insufficient evidence to support his intent to rob the victim in this case. The court disagrees. McCauley failed to demonstrate that the judge’s interruption of his girlfriend Battle’s testimony violated his right to due process, and McCauley has both conceded that the evidence was sufficient and also failed to demonstrate that the State presented insufficient evidence of McCauley’s intent to steal at trial.

Affirmed.

Decided 12/06/22

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