Physical Abuse of a Child — sufficiency of the evidence

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Wisconsin Court of Appeals

Criminal

Physical Abuse of a Child — sufficiency of the evidence

Nicholas Gimino appeals a judgment of the circuit court finding him guilty after a bench trial of two counts of physical abuse of a child. He also appeals an order denying his motion for postconviction relief. Gimino makes three arguments: 1) there was insufficient evidence to convict him on either of these counts; 2) the circuit court erroneously admitted expert testimony that should have been excluded because of a discovery violation; and 3) Gimino received ineffective assistance of counsel because his trial attorney failed to call an accident reconstruction expert and failed to impeach an important witness. We reject all three arguments, and affirm the circuit court. Not recommended for publication in the official reports.

2012AP1498-CR State v. Gimino

Dist II, Racine County, Simanek, Gasiorkiewicz, JJ., Lundsten, P.J.

Attorneys: For Appellant: Novack, Gregg H., Milwaukee; For Respondent: O’Brien, Daniel J., Madison; Chiapete, W. Richard, Racine