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STATE v. BVOCIK

No. 2009AP140-CR.

781 N.W.2d 719 (2010)

2010 WI App 49

STATE of Wisconsin, Plaintiff-Respondent, v. Clifford D. BVOCIK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 3, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs and oral argument by James C. Murray of Murray Law Office, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Sally L. Wellman, assistant attorney general, and J.B. Van Hollen, attorney general. There was oral argument by Sally L. Wellman.

Before BROWN, C.J., NEUBAUER, P.J., and ANDERSON, J.

¶ 1 BROWN, C.J.

In State v. Weiss, 2008 WI App 72, ¶ ¶ 15-17, 312 Wis.2d 382, 752 N.W.2d 372, we held that when a prosecutor's closing argument asks the jury to draw an inference that the prosecutor knows or should know is not true, it is improper argument which may require reversal. This is a Weiss-type case. The State alleged that Clifford D. Bvocik used a computer to facilitate a meeting with what...

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