(Download) "State v. Falk" by Supreme Court of Wyoming # Book PDF Kindle ePub Free
eBook details
- Title: State v. Falk
- Author : Supreme Court of Wyoming
- Release Date : January 29, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Richard Falk was convicted of two counts of child abuse in violation of Wis. Stat. § 948.03(2)(a) (1997-98). Richard appeals his conviction and the order denying his motion for post-conviction relief, arguing both trial court error and ineffective assistance of counsel. He contends the trial court erred by: (1) allowing the State to present other acts evidence, which, Richard argues, was highly prejudicial and not admissible under Wis. Stat. § 904.04(2); (2) allowing the State to show the jury photographs of the injured child when the injuries were not disputed; and (3) precluding him from introducing evidence supporting the theory that his wife, not he, committed the crime against their daughter. We conclude the trial court did not erroneously exercise its discretion on the first point and, to the extent it did on the second point, the admission of photographs was harmless error. With respect to the evidence of other acts by Richards wife, we hold the "legitimate tendency" test we adopted in State v. Denny, 120 Wis. 2d 614, 357 N.W.2d 12 (Ct. App. 1984), affirmed, 163 Wis. 2d 352, 471 N.W.2d 606 (Wis. App. May 15, 1991) (No. 90-2019-CR), does not apply when the charged offense is child abuse, and the correct standard is the one for other acts evidence set forth in State v. Sullivan, 216 Wis. 2d 768, 772-73, 576 N.W.2d 30 (1998), although applied less stringently than when the State seeks to introduce other acts evidence against a defendant, see State v. Scheidell, 227 Wis. 2d 285, 304-05, 595 N.W.2d 661. Applying that standard, we conclude the trial court did not exclude relevant evidence and therefore did not violate Richards constitutional right to present a defense.
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