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Particular Examples of Misconduct, § 904.04(2) — Prior Resisting Arrest — Similarity to Charged Offense

State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530
For Koeppen: Richard L. Zaffiro

Issue: Whether a prior act involving drunken resisting arrest was properly admitted into evidence.

Holding: The prior act was admitted on the permissible purposes of showing intent and absence of mistake; had probative value due to strong similarities to the current offense; and, given high probative value along with cautionary instruction, wasn’t unfairly prejudicial. ¶¶28-31.

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