Evidence — proclivity evidence – notice — prior false allegations

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Wisconsin Court of Appeals

Criminal

Evidence — proclivity evidence – notice — prior false allegations

Ricky H. Jones was charged with two counts of first-degree sexual assault of a child under thirteen years of age for separate incidents involving C.B. and M.W. Jones went to trial and was convicted by a jury. Prior to trial, the court denied Jones’s motion to introduce evidence that C.B. and M.W. had made prior untruthful allegations of sexual assault against other men. The court also, midtrial, excluded Jones’s proffered Richard A.P. evidence as Jones’s trial counsel had not provided notice in accordance with the State’s discovery demand. Jones now appeals these rulings as well as the court’s denial of his postconviction motion for a new trial, brought on the basis that his trial counsel was ineffective for failing to provide notice of the Richard A.P. evidence and for eliciting testimony that he was under investigation for a “different” sexual assault. We reject Jones’s arguments and affirm. Not recommended for publication in the official reports.

2013AP1731-CR State v. Jones

Dist II, Manitowoc County, Fox, J., Reilly, J.

Attorneys: For Appellant: Bauer, Erica L., Appleton; For Respondent: LaBre, Jacalyn C., Manitowoc; Sanders, Michael C., Madison