Court Error – Evidentiary Rulings

By: Derek Hawkins//August 16, 2017//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Edward L. Fleming

Case No.: 2016AP839-CR

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Court Error – Evidentiary Rulings

Edward Fleming appeals a judgment, entered upon a jury’s verdict, convicting him of first-degree sexual assault by sexual contact with a child under the age of thirteen and causing a child under age thirteen to listen to or view a sexual act. Fleming argues the circuit court erred by admitting other acts evidence and by excluding evidence that the victim had made prior untruthful allegations of sexual assault. Fleming alternatively claims he is entitled to a new trial in the interest of justice. Even if the circuit court erred with respect to these evidentiary rulings, the errors were harmless beyond a reasonable doubt. We also conclude a new trial in the interest of justice is not warranted. Therefore, we affirm the judgment.

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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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