2010AP354-CR State v. Leather

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Right to Present Defense
Prosecutor as witness; psychological records

Bryan Peter Leather was convicted of one count of second-degree sexual assault of a child, contrary to Wis. Stat. § 948.02(2) (2005-06), and one count of repeated sexual assault of the same child, contrary to Wis. Stat. § 948.025(1)(e) (2005-06). Both charges involved the sexual assault of Leather’s autistic stepdaughter, M.W. Leather appeals the judgment of conviction, asserting that three evidentiary errors and the trial court’s bias against both him and his trial attorney require reversal and remand for a new trial. We conclude that the disputed evidentiary rulings were proper exercises of trial court discretion. We also conclude that Leather has not established an objective or subjective bias to compel disqualification by the trial judge as required by Wis. Stat. § 757.19(2). We affirm. Not recommended for publication in the official reports.

2010AP354-CR State v. Leather

Dist I, Milwaukee County, Conen, J., Kessler, J.

Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; St. John, Rebecca Rapp, Madison

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