6th Amendment Violation.
Byline: Derek Hawkins
WI Court of Appeals District I
Case Name: State of Wisconsin v. Thomas Michael Barrett
Case No.: 2018AP2324-CR
Officials: Brash, P.J., Dugan and Donald, JJ.
Focus: 6th Amendment Violation
Thomas Michael Barrett appeals a judgment of conviction, following a jury trial, of one count of possession of a firearm silencer, contrary to WIS. STAT. 941.298(2) (2017-18). Barrett also appeals from the order denying his postconviction motion for relief. On appeal, Barrett raises the issues that he raised in his postconviction motion. He contends that: (1) WIS. STAT. 941.298 is an unconstitutional infringement upon the right to keep and bear arms, both facially and as applied; (2) 941.298 is void for vagueness; and (3) the government engaged in outrageous conduct by pressuring Barrett to commit a crime and by intimidating Wait.
With regard to Barrett's first claim, we conclude that Barrett's arguments reflect the defense of entrapment, not outrageous government conduct. As to Barrett's second claim, Barrett contends that the State violated his Sixth Amendment right to compulsory process by intimidating one of his witnesses and preventing the witness from testifying. Barrett relies on two exhibits from the record to support his claima letter from his then-defense counsel to Wait, and an affidavit from Wait stating his apprehension to testify because of "threats from the government." Neither exhibit supports Barrett's assertion.
Wait's affidavit is also insufficient to support Barrett's claim. Wait's four paragraph affidavit does not describe any threatening State...
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