Sufficiency of Evidence – Abuse of Discretion

Listen to this article

WI Court of Appeals – District I

Case Name: 2014AP2773-CR

Case No.: State of Wisconsin v. Davis Kevin Lewis

Officials: Curley, P.J., Kessler and Brennan, JJ.

Practice Areas: Sufficiency of Evidence – Abuse of Discretion

Davis Kevin Lewis appeals the judgment convicting him of third-degree sexual assault, contrary to WIS. STAT. § 940.225(3) (2013-14). Lewis contends that: (1) there was insufficient evidence to convict him; (2) the trial court erroneously exercised its discretion in determining a defense witness could not testify; and (3) the trial court erroneously exercised its discretion when it permitted the jury to watch the victim’s videotaped forensic interview a second time. After reviewing the record, we are satisfied that there is sufficient evidence to convict Lewis of third-degree sexual assault, and we conclude the trial court properly exercised its discretion when it both prohibited a defense witness from testifying and when it granted the jury’s request for a second viewing of the victim’s videotaped interview. Consequently, we affirm.

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.