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Court Error
By: Derek Hawkins//February 7, 2017//
Listen to this articleWI Court of Appeals – District III
Case Name: State of Wisconsin v, Gabriel Diaz
Case No.: 2016AP107
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Court Error
Gabriel Diaz appeals an order denying his postconviction motion for a new trial on a charge that he sexually assaulted his girlfriend’s son, J.A.N. He argues: (1) the circuit court improperly allowed the victim to testify that Diaz similarly assaulted him ten to fifty times, even though the victim could only remember details regarding two of the incidents; (2) Diaz’s right to be present during voir dire was violated because no interpreter was present during part of the voir dire; and (3) he is entitled to a new trial because DNA evidence used against him was destroyed during testing by the State. We reject these arguments and affirm the order.
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.
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