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§ 904.01, Relevance – Demonstrative Evidence

State v. Garren G. Gribble, 2001 WI App 227, PFR filed
For Gribble: Charles B. Vetzner, SPD, Madison Appellate

Issue: Whether a witness should have been permitted to demonstrate with a doll the force used to cause injuries to the child victim.

Holding: The fact that the experts couldn’t agree on the exact cause of the injuries goes to weight, not admissibility, of the demonstration. ¶56. The witness’s credentials and the foundation he laid supported probative value on the force used to cause the injuries, even if the witness couldn’t accurately replicate that force. ¶57. The fact that the defense didn’t contest the amount of force used to cause the injuries didn’t bind the state from proving, through this demonstration, the element of utter disregard for human life. ¶58. Probative value wasn’t outweighed by unfair prejudice. ¶59

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