(Download) "State Wisconsin v. Todd A. Brecht" by Supreme Court of Wisconsin # Book PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. Todd A. Brecht
- Author : Supreme Court of Wisconsin
- Release Date : January 23, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The State of Wisconsin (State) seeks review of a court of appeals' decision, State v. Brecht, 138 Wis. 2d 158, 405 N.W.2d
718 (1987), that reversed the judgment of conviction for first degree murder entered against Todd A. Brecht (Brecht) by the
circuit court for Buffalo county, Judge Peter G. Pappas. The court of appeals based its reversal on the grounds that references
to Brecht's pre-trial silence during cross-examination and during the State's closing argument impermissibly infringed on
Brecht's constitutional rights to silence and to a fair trial, and that such errors were prejudicial. While we agree that some of the State's references to Brecht's silence were constitutional error, we hold that such error
was harmless. In considering the other issues raised on appeal, we conclude that the circuit court properly exercised its
discretion in admitting evidence of Brecht's homosexuality because such evidence may have been relevant to the issue of motive.
However, the circuit court erred in ruling that the State could cross-examine Brecht's character witness about Brecht's prior
convictions. Nonetheless, we conclude that Brecht was not prejudiced by this error. Accordingly, we reverse the decision of
the court of appeals.