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eBook details

• Title: State Wisconsin v. Charles D. Edwardsen
• Author : Court of Appeals of Wisconsin
• Release Date : January 03, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Defendant appeals from a three-count judgment of conviction: possession of cocaine with intent to deliver, battery to a peace
officer, and attempting to disarm a peace officer. He makes four claims of error. He argues that the prosecution acted vindictively
in adding the "attempt to disarm" charge following defendant's successful appeal of the possession and battery convictions.
See State v. Edwardsen, 135 Wis. 2d 208, 400 N.W.2d 18 (Ct. App. 1986) (hereinafter Edwardsen I). He argues that the prosecution
cross-examined a defense witness using evidence suppressed in Edwardsen I, thereby committing prejudicial error. He argues
that the trial court erroneously ruled that a potential defense witness could assert a privilege not to testify, thereby depriving
defendant of his right to call witnesses on his own behalf. Finally, he argues that the prosecutor's closing argument violated
defendant's constitutional right to remain silent by impermissibly commenting on defendant's failure to testify. We reject
all four claims of error and affirm. Some of the pertinent facts have been previously set out in Edwardsen I. Edwardsen was a passenger in Stacy Steber's car
when she was stopped for speeding. During the course of the stop, defendant and the constable came to blows and defendant
grabbed for the constable's firearm. Defendant and his niece were subsequently arrested, Steber's car was searched, and two
ounces of chunky cocaine were found.

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