State Wisconsin v. Melvin Mosley

This is a review of an unpublished decision of the court of appeals 1 affirming the December 12, 1978, conviction of the defendant, Melvin Mosley, in the circuit court for Racine county on two counts of armed robbery in violation of sec. 943.32(1) (b), (2), Stats. 1977. After being sentenced to two concurrent twelve-year sentences, the defendant appealed from the judgment and from an order denying his motion for a new trial. On the issues before it, the court of appeals ruled that the defendant's claim of unconstitutional out-of-court identification procedures, although not challenged before trial, was not waived under the circumstances and that on the merits the procedures employed were constitutional; and that the claim of impermissible multiplicitous charging, which it held waived, was in any case without merit.