Sixth Amendment-Harmless Error

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Landon J. Now

Case No.: 2024AP001672-CR

Officials: Colón, P.J.

Focus: Sixth Amendment-Harmless Error

Now was charged with and convicted of disorderly conduct and felony bail jumping, after a physical altercation at a bar with John Keller. Now insulted Keller outside the bar and the altercation was caught on surveillance video. Witnesses testified that Now punched Keller after the two fell into the bar, leaving Keller with a head injury requiring stitches.

Now argued before the Court of Appeals that the evidence was insufficient because he acted in self-defense and because disorderly conduct does not require intent. The court found that a reasonable jury could conclude Now intentionally engaged in loud, abusive, and provocative conduct that caused the public disturbance. The court also concluded that his intentional actions satisfied the requirements for felony bail jumping because he violated a bond condition prohibiting him from committing new crimes.

Now claimed that the trial court violated his Sixth Amendment confrontation rights by limiting cross-examination of Keller regarding Keller’s desire not to pursue the prosecution. The Court of Appeals found no constitutional violation, concluding the excluded testimony was minimally relevant and that defense counsel otherwise conducted extensive cross examination.

The court also ruled that any defect in Now’s waiver of a jury determination on certain bail jumping elements was harmless because the undisputed evidence established those elements beyond a reasonable doubt.

Affirmed.

Decided 05/19/26

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