Evidence — character witnesses

By: WISCONSIN LAW JOURNAL STAFF//December 18, 2012//

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Wisconsin Court of Appeals

Criminal

Evidence — character witnesses

Paul Thornton appeals a judgment, entered upon a jury verdict, convicting him of attempted first-degree sexual assault of a child, and an order denying his postconviction motion. On appeal, the State concedes the trial court erroneously excluded the testimony of two of Thornton’s character witnesses. We conclude the mistake adversely affected Thornton’s right to present a defense and constitutes plain error under Wis. Stat. § 901.03(4). We reverse and remand for a new trial on that basis. This opinion will not be published.

2012AP372-CR State v. Thornton

Dist III, Eau Claire County, Proctor, Theisen, JJ., Per Curiam

Attorneys: For Appellant: Henak, Robert R., Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Wright, Brian H., Eau Claire

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