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Cross-examination – Impeachment of Defense Witness with Parole Eligibility Date

State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753

For Scott: Joseph E. Redding

Issue: Whether a defense witness was properly impeached with evidence that he was serving life in prison with no prospect for parole.

Holding: The witness’s attempt to admit the crimes and exonerate the defendant would have misled the jury absent revelation of his functional immunity stemming from his parole status: “where no practical, penal consequence could accrue, a jury would be misled were it not informed of the witness’s no-risk status.” ¶26.

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