State Wisconsin v. Gregory Peck

Gregory Peck appeals from a judgment convicting him of manufacturing controlled substances in violation of sec. 161.41(1)(b),
Stats., and from orders denying his motions to suppress evidence, to dismiss the charge, and for a new trial. The issues are: (1) whether statutes prohibiting the manufacture of controlled substances may be constitutionally applied
to a person who uses marijuana for religious purposes; (2) whether law enforcement authorities could seize marijuana growing
on Peck's farm without a warrant; (3) whether destruction of all but representative samples of the plants seized from the
farm deprived Peck of exculpatory evidence in violation of his right to due process of law; (4) whether the trial court erred
in ruling that a potential witness who refused to testify on fifth amendment grounds was unavailable within the meaning of
secs. 908.04(1)(e) and 908.045, Stats., so as to allow admission of her hearsay statements; (5) whether allowing the witness,
who was also a codefendant, to claim her fifth amendment privilege in the presence of the jury so prejudiced the defense that
a new trial is warranted; and (6) whether the trial court abused its discretion in refusing to instruct the jury on the lesser
included offense of possession of marijuana, and in refusing to give Peck's requested "theory of the defense" instruction.
We resolve all issues against Peck and affirm.