State Wisconsin v. Jeffrey Allen Thompson
1987.WI.451 , 419 N.W.2D 564, 142 WIS. 2D 821
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Publisher Description
Jeffrey Thompson appeals from a judgment convicting him of armed robbery, contrary to sec. 943.32(2), Stats., and first-degree murder, contrary to sec. 940.01(1), Stats. At trial, he admitted the armed robbery. We conclude that the out-of-court hearsay statements of his accomplices were admissible at his preliminary examination and that his bindover was legally sufficient. We therefore affirm his conviction for armed robbery. Because we conclude that the states use of Thompsons in-custody response to a probation officers question to impeach him violated his fifth and fourteenth amendment rights and that such error requires reversal, we reverse his first-degree murder conviction. Because Thompson may be retried, we consider other alleged errors which may affect his trial.