Court Error – Postconviction Motion Denied

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Preston D. Kraft

Case No.: 2021AP000842-CR

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

Focus: Court Error – Postconviction Motion Denied

Kraft was charged with first-degree intentional homicide and felony bail jumping, both as a repeater. The charges stemmed from allegations that Kraft shot and killed Rodney outside of Rodney’s home. Prior to trial, Kraft’s competency was challenged and, after a hearing, the circuit court found that Kraft was competent to stand trial. Subsequently, the court granted Kraft’s request to proceed pro se and appointed standby counsel. Kraft argues on appeal that he is entitled to a new trial because: (1) the ballot question posed to Wisconsin voters to amend the Wisconsin Constitution to enact Marsy’s Law was constitutionally deficient; (2) the circuit court erred by refusing to strike an objectively biased juror for cause; (3) his due process rights were violated because the jury could not hear “material” testimony; (4) the court erroneously exercised its discretion by excluding three photographs from evidence; (5) the court erred by not excluding a State witness who was not disclosed to the defense; and (6) the court erroneously instructed the jury on the applicable law of self-defense. The appeals court rejects all of these claims and affirm Kraft’s judgment of conviction.

Affirmed.

Decided 06/20/23

Full Text