Evidence — other acts — rape shield law — relevance

Listen to this article

Wisconsin Court of Appeals

Criminal

Evidence — other acts — rape shield law — relevance

John Lattimore was convicted on one count of second-degree sexual assault with the use of force and one count of false imprisonment, both relating to one incident involving victim S.M. Lattimore appeals, in five respects, the judgment of conviction and the order denying his postconviction motions. First, Lattimore argues that the circuit court erroneously admitted other acts evidence of an alleged second and separate sexual assault against M.H., and that the allegations of the two sexual assaults were improperly joined. Second, Lattimore argues that the circuit court erroneously excluded the text of a Facebook message that was sent to Lattimore by S.M.’s brother after the alleged assault against S.M. Third, Lattimore argues that the circuit court erroneously allowed evidence of changes in S.M.’s demeanor after the alleged assault. Fourth, Lattimore argues that his trial counsel was ineffective for failing to sufficiently object to evidence of changes in S.M.’s demeanor and for failing to introduce evidence that S.M. lied to the nurse examiner about whether the alleged assault was her first sexual encounter. Fifth, Lattimore argues that these errors resulted in the real controversy not being tried, and therefore entitle him to a new trial in the interest of justice. We reject all of Lattimore’s arguments and affirm. Not recommended for publication in the official reports.

2013AP911-CR State v. Lattimore

Dist IV, La Crosse County, Bjerke, J., Kloppenburg, J.

Attorneys: For Appellant: Ruby, Cole Daniel, Baraboo; For Respondent: Kassel, Jeffrey J., Madison; Gruenke, Tim, La Crosse