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Criminal Procedure — right to present defense

By: WISCONSIN LAW JOURNAL STAFF//October 12, 2011//

Criminal Procedure — right to present defense

By: WISCONSIN LAW JOURNAL STAFF//October 12, 2011//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — right to present defense

Timothy Schemenauer appeals a judgment convicting him of two counts of sexual assault of a child. He contends the victim falsely accused him as part of her aunt’s vendetta against him for terminating an affair. On appeal, he argues that the court improperly exercised its discretion and denied his constitutional right to present a defense by disallowing a photograph of Schemenauer that depicts injuries the aunt inflicted on him and by disallowing three witnesses’ testimony that would have contradicted the aunt’s account of the incident leading to the injuries. He also argues that the court should have suppressed an incriminating statement Schemenauer made to police after he requested a cigarette break. We reject these arguments and affirm the judgment. This opinion will not be published.

2010AP1338-CR State v. Schemenauer

Dist III, Chippewa County, Cray, J., Per Curiam

Attorneys: For Appellant: Hertel, Harry R, Eau Claire; For Respondent: Moeller, Marguerite M., Madison; Theisen, Jon, Chippewa Falls

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