Evidence — prior false allegations

By: WISCONSIN LAW JOURNAL STAFF//May 8, 2012//

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Wisconsin Court of Appeals

Criminal

Evidence — prior false allegations

Christopher Walter Hurns appeals his conviction for second-degree sexual assault of a child, contrary to Wis. Stat. § 948.02(2) (2009-10), on two grounds. First, Hurns argues that the trial court erroneously exercised its discretion by denying his motion to present evidence at trial of the complaining witness’s prior false allegation of sexual conduct under Wis. Stat. § 972.11(2)(b)3. Second, Hurns contends that the trial court erred by denying his motion for a mistrial after a detective testified that Hurns was on probation. We conclude that the trial court properly exercised its discretion in both instances and affirm. Not recommended for publication in the official reports.

2011AP857-CR State v. Hurns

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

Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Wellman, Sally L., Madison

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