Sufficiency of Evidence-Reckless Homicide

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kris V. Zocco

Case No.: 2021AP001412-CR

Officials: White, C.J., Donald, P.J., and Dugan, J.

Focus: Sufficiency of Evidence-Reckless Homicide

Dwyer was last seen alive on Friday, October 11, 2013, at 2:37 a.m. in Milwaukee entering Zocco’s apartment complex. Zocco and Dwyer were in a “friends with benefits” relationship. In 2017, Zocco was charged with first-degree reckless homicide, hiding a corpse, and strangulation and suffocation. Zocco appeals from an amended judgment of conviction entered following a jury trial for first-degree reckless homicide, hiding a corpse, and strangulation and suffocation, and an order denying his postconviction motion. On appeal, Zocco contends that: (1) the evidence was insufficient to convict him of first-degree reckless homicide; The appeals court cannot say that the evidence “viewed most favorably to the [S]tate

and the conviction, is so lacking in probative value and force that no trier of fact, acting reasonably, could have found guilt beyond a reasonable doubt.” (2) the warrant to search Zocco’s cell phone violated the Fourth Amendment’s particularity requirement; the search warrant permitted the police to search any area of Zocco’s phone (3) the cadaver dog evidence admitted during his trial should have been excluded; the cadaver dog after 224 opportunities only had a false alert one time at the start of her career (4) the admission of pornography evidence during his trial constituted plain error; Zocco has not established a due process violation that rises to the level of plain error (5) he was deprived of effective assistance of trial counsel; trial counsel cannot be ineffective for raising a meritless argument.; and (6) he is entitled to a new trial in the interest of justice; this is not an exceptional case warranting a new trial in the interest of justice, according to the appeals court.

Affirmed.

Decided 10/31/23

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