Evidence — other acts

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Wisconsin Court of Appeals

Criminal

Evidence — other acts

The State appeals two orders denying its motions to introduce other acts evidence at John Steinhauer’s trial for two counts of repeated sexual assault of a child. The proffered evidence related to repeated sexual assaults Steinhauer allegedly committed against two other children. The circuit court concluded the State had not identified the specific other acts testimony it wanted to introduce in order for the court to apply the three-step analysis required by State v. Sullivan, 216 Wis. 2d 768, 576 N.W.2d 30 (1998). Consequently, the court denied the State’s motions without conducting a Sullivan analysis.

The State argues the court could not deny its motions without first performing a Sullivan analysis. We disagree. Whether to admit other acts evidence lies within the circuit court’s discretion. Here, the court reasonably concluded that the State failed to articulate enough specific other acts testimony for it to conduct a Sullivan analysis. Consequently, the court properly exercised its discretion by denying the motions without applying Sullivan’s three-part test. We therefore affirm. Not recommended for publication in the official reports.

2012AP189-CR State v. Steinhauer

Dist III, Eau Claire County, Gabler, J., Cane, J.

Attorneys: For Appellant: Gansner, William L., Madison; Wright, Brian H., Eau Claire; For Respondent: Cohen, Michael R., Eau Claire