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State v. Denton

Wisconsin Court of Appeals
768 N.W.2d 250 (Wis. App. 2009)


Facts

Judy Giovannoni was jogging on the side of the road when Jeremy Denton (defendant) drove up beside her and attempted to force her into his car at gunpoint. Giovannoni was able to waive down a second car, which was driven by Dennis Hohisel. Giovannoni got into Hohisel’s car and called 911. Denton was charged with attempted kidnapping, attempted false imprisonment, and attempted robbery. At trial, the prosecution called Officer Anthony Ambach as a witness. Ambach had no personal knowledge of the incident or the crime scene. Ambach presented, over Denton’s objection, a computer-generated animation of the incident. The animation was based on police reports from the incident and input from Giovannoni, Hohisel, and another passenger who had been in Hohisel’s car. Thus, the animation was not illustrative of any one witness’s testimony. The trial court permitted the animation to be introduced as demonstrative evidence to assist the jury in understanding the incident. Denton was convicted, and he appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Neubauer, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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