2009AP567-CR State v. Marinez

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Evidence
Other acts evidence

Where other acts evidence was intertwined with admissible evidence, its admission was proper.
“We conclude that in light of the greater latitude rule and the fact that the other-acts evidence was so intertwined with the otherwise admissible videotaped statement of the child victim, the circuit court properly determined that each of the three prongs of the Sullivan analysis supported admission. See State v. Sullivan, 216 Wis. 2d 768, 772-73, 576 N.W.2d 30 (1998). Under the first prong, we conclude that the circuit court reasonably concluded that, under Wis. Stat. § 904.04(2)(a), the hand-burning references were admissible for the proper purposes of establishing M.M.L.’s identification of Marinez as her abuser and providing context, including assisting the jury in assessing M.M.L.’s credibility, establishing the time and location of the sexual abuse, and providing a complete story to the jury. Regarding the second prong, we conclude that the circuit court’s determination–that the hand-burning evidence was relevant to establish M.M.L.’s identification of Marinez, and the time and location of the sexual abuse, to provide context, including regarding M.M.L.’s credibility, and to provide a more complete story to the jury–was reasonable, pursuant to Wis. Stat. § 904.01. Under the third prong, we conclude that the circuit court reasonably determined that, in accord with Wis. Stat. § 904.03, the probative value of the entire video, including M.M.L.’s references to the hand-burning incident, was not substantially outweighed by the danger of unfair prejudice to Marinez.”

Reversed.

2009AP567-CR State v. Marinez

Crooks, J.

Attorneys: For Appellant: Sczygelski, Ralph, Manitowoc; For Respondent: Happ, Susan V., Jefferson; St. John, Rebecca Rapp, Madison

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