2010AP861-CR State v. Higgins

By: WISCONSIN LAW JOURNAL STAFF//February 1, 2011//

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Evidence
Hearsay

Jimmie Lee Higgins appeals from a judgment of conviction entered after a jury found him guilty of second-degree sexual assault of a child. He argues that the trial court erred when it: (1) sustained the State’s hearsay objection to the admission of the victim’s statement to police that she was awakened the night of the assault by fighting between her mother and Higgins; and (2) admitted into evidence certain statements the victim made to a sexual assault nurse the night of the assault. Because even if the trial court erred in both respects, the trial court’s errors were harmless, we affirm. Not recommended for publication in the official reports.

2010AP861-CR State v. Higgins

Dist I, Milwaukee County, Konkol, J., Brennan, J.

Attorneys: For Appellant: Henak, Ellen, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Moeller, Marguerite M., Madison

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