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c. “Greater latitude” rule

State v. David Gutierrez, 2017AP2364-CR, District 2, 7/3/19 (recommended for publication); case activity (including briefs) The circuit court allowed the state to admit testimony that Gutierrez’s DNA wasn’t found after testing of relevant evidence state as well as testimony about why his DNA might not be found; it did not, however, allow Gutierrez to admit… Read More

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State v. Christopher L. Gee, 2019 WI App 31; case activity (including briefs) Christopher Gee was accused of sexually assaulting two women at knifepoint; one of the women had come to Gee’s apartment building because someone there had agreed to pay her for sex. He admitted to police that he’d had sex with this second… Read More

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State v. Timothy P. Gregory, 2016AP1265-CR, District 2, 3/14/18 (not recommended for publication); case activity (including briefs) In this lengthy decision, the court of appeals rejects multiple challenges Gregory makes to his convictions for child sexual assault that occurred in 1997. Because of the number of issues and their fact-intensive nature, this post will simply list the… Read More

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State v. Anton R. Dorsey, 2018 WI 10, 1/25/28, affirming a per curiam court of appeals opinion, case activity (including briefs) On Point has posted extensively about this case here regarding the court of appeals’ two opinions and here regarding Dorsey’s petition for review. This post focuses on the bottom line for trial lawyers because the majority… Read More

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State v. Gary Lee Wayerski, 2015AP1083-CR, District 3, 10/31/17 (not recommended for publication), petition for review granted 3/13/18, and modified, and afford as modified, 2019 WI 11; case activity (including briefs) Rejecting Wayerski’s argument to the contrary, the court of appeals holds that a police officer alleged to have sexually assaulted two teenage boys could… Read More

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Review of a per curiam court of appeals decision; case activity (including briefs) Issues (composed by On Point based on the petition for review and the state’s response to petition for review) Is the “greater latitude” rule created by case law regarding admission of other acts evidence in child sex cases codified by § 904.04(2)(b)1., which applies to admission… Read More

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State v. Anton R. Dorsey, 2015AP648-CR, District 3, 12/6/16 (per curiam; not citable as precedent or for persuasive value), petition for review granted, 4/10/17, affirmed, 2018 WI 10; case activity (including briefs) You may not cite this per curiam opinion as binding precedent or for persuasive value in any Wisconsin court, see § 809.23(3)(b), but On Point is telling you about it because the… Read More

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State v. Joel M. Hurley, 2015 WI 35, 3/31/15, reversing  an unpublished per curiam court of appeals decision; opinion by Justice Gableman; case activity (including briefs) Making full use of the “greater latitude of proof” rule, the recent precedent adopting a more liberal approach to admission of other-acts evidence, e.g., State v. Marinez, 2011 WI 12, 331… Read More

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