01-1281, 01-1282, 01-1283 In the Interest of Wesley H. Jr, Brittany H., Wendy H: State v. Wesley H.

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Wesley H. (Wesley), appeals from the circuit court dispositional order, following a trial in which the jury found, among other things, that Wesley’s children, Wesley Jr., Brittany, and Wendy, were “at substantial risk of becoming the victim[s] of abuse,” and that Wesley did “neglect, refuse or was … unable for reasons other than poverty to provide the necessary care, food, clothing, medical or dental care or shelter for [the children] so as to seriously endanger [their] physical health.”

Wesley argues that the circuit court erred: (1) in denying his motion to dismiss the State’s amended CHIPS (children in need of protection or services) petition as insufficient under Wis. Stat. sec. 48.13(10); (2) in denying his motion to strike those portions of the amended petition referring to information received more than forty days before the filing of the original petition; (3) in denying his motion in limine to exclude from the trial any evidence of information received more than forty days before the filing, because such evidence was (a) unsubstantiated and had not previously resulted in legal action, (b) “temporally remote,” under State v. Hollingsworth, 160 Wis.2d 883, 467 N.W.2d 555 (Ct. App. 1991), and (c) improper proof of character, under Wis. Stat. sec. 904.04(2); and (4) in denying his motion for cautionary jury instructions regarding such evidence.

This court rejects his arguments and affirms.

This opinion will not be published.

Dist I, Milwaukee County, Dwyer, J., Schudson, J.

Attorneys:

For Appellant: Jonathan D. Watts, Milwaukee

For Respondent: Janet C. Protasiewicz, Milwaukee