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§ 904.01, Relevance – Victim’s Medical Records

State v. Frank M. Ruszkiewicz, 2000 WI App 125, 237 Wis. 2d 441, 613 N.W.2d 893
For Ruszkiewicz: Mark S. Rosen

Issue: Whether the trial court erred in refusing to order production of the victim’s police and medical records, sought on the theory that they might show a condition that would cause her to bruise easily and, therefore, refute the element of force as demonstrated by her bruises.

Holding: Given the defendant’s theory of defense — which admitted his use of force but denied intent to obtain sexual gratification — any evidence of a condition showing easy bruising would have been of no consequence to the trial.

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