STATE v. ANDERSON

No. 89-2390-CR.

160 Wis.2d 435 (1991)

466 N.W.2d 681

STATE of Wisconsin, Plaintiff-Respondent, v. Grady ANDERSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 24, 1991.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Steven D. Phillips, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Paul Lundsten, assistant attorney general.

Before Gartzke, P.J., Dykman and Sundby, JJ.


SUNDBY, J.

In this appeal, we decide that evidence of a conviction expunged under sec. 973.015(1), Stats., is not admissible under sec. (Rule) 906.09(1), Stats., to attack the credibility of a witness. We therefore conclude that the fact that a state witness had been convicted of a crime which had been expunged was not material evidence which the state was required to disclose to the defendant. We affirm the circuit court's denial of defendant's motion for postconviction...

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