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STATE v. WHITAKER

Nos. 91-1075-CR, 91-1076-CR.

167 Wis.2d 247 (1992)

481 N.W.2d 649

STATE of Wisconsin, Plaintiff-Respondent, v. Michael E. WHITAKER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 18, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James R. Lucius of Shorewood.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of James E. Doyle, attorney general, and Jerome S. Schmidt, assistant attorney general.

Before Moser, P. J., Sullivan and Fine, JJ.

FINE, J.

Michael Whitaker was convicted in two jury trials of 1) first-degree reckless homicide while armed, in violation of sections 940.02(1) and 939.63(1) & (2), Stats., and 2) possession of cocaine with intent to deliver, in violation of sections 161.16(2)(b)1 and 161.41(1m) (c)1, Stats. He raises five issues on this appeal.

First, he claims that the trial court erred in not admitting into evidence at his request in the homicide trial an exculpatory...

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