Court Error – Abuse of Discretion

By: Derek Hawkins//September 29, 2015//

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Criminal

WI Court of Appeals – District III

Officials: Stark, P.J., Hruz, J., and Thomas Cane, Reserve Judge.

Court Error – Abuse of Discretion

2014AP2275-CR State of Wisconsin v. Richard D. Guite, Sr.

Richard Guite, Sr., appeals a judgment, entered upon a jury’s verdict, convicting him of first-degree sexual assault of a child, contrary to WIS. STAT. § 948.02(1)(b). Guite also appeals the order denying his postconviction motion for a new trial. Guite argues the trial court erroneously exercised its discretion by admitting other acts evidence and by denying Guite’s postconviction motion for a new trial based on newly discovered evidence. Alternatively, Guite urges this court to exercise its discretionary power of reversal pursuant to WIS. STAT. § 752.35 because justice has miscarried and the real controversy has not been fully tried. We reject Guite’s arguments and affirm the judgment and order.

Decision

Affirmed. Per Curiam

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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