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Particular Examples of Misconduct, § 904.04(2) — Prior Child Abuse — Trial on Homicide of Child

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

Issue: Whether evidence of prior child abuse, both to the immediate victim and another child, was properly admitted in a trial on homicide of a child.

Holding: There was sufficient evidence for a reasonable jury to find by a preponderance of the evidence that the defendant committed the various prior acts. ¶¶41-47. The evidence of abuse to the other child was sufficiently similar and close in time to support admissibility. ¶¶48-52.

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