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State v. Daniel Perry Oswald, No. 2009AP2455-CR, District I, 7/20/10

court of appeals decision (3-judge, not recommended for publication); for Oswald: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply

Evidence – Consciousness of Guilt

Testimony from the Oswald’s parole agent, that Oswald missed an appointment shortly after the incident in question and that he seemed nervous when they later met, was relevant as “consciousness of guilt.” Admissibility wasn’t substantially outweighed by danger of unfair prejudice, taking into account an instruction limiting its use.

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