State v. Muckerheide

1 Steven Muckerheide appeals from a judgment convicting him of homicide by use of a vehicle while having a prohibited blood alcohol concentration. At trial, Muckerheide claimed that the victim, who was Muckerheides passenger, grabbed the steering wheel and caused the vehicle to crash. In support of this theory, Muckerheide sought to introduce evidence that the victim had engaged in similar wheel-grabbing conduct in the past. The circuit court excluded the evidence because it was offered only to show that the victim acted in conformity with prior conduct and was therefore inadmissible other acts evidence under WIS. STAT.§ 904.04 (2003-04). On appeal, Muckerheide challenges the circuit courts exclusion of this evidence. We conclude that the circuit court properly exercised its discretion, and we affirm.