By: Derek Hawkins//February 1, 2018//
WI Supreme Court
Case Name: State of Wisconsin v. Anton R. Dorsey
Case No.: 2018 WI 10
Focus: Sufficiency of Evidence
This is a review of an unpublished decision of the court of appeals, State v. Dorsey, No. 2015AP648-CR, unpublished slip op. (Wis. Ct. App. Dec. 6, 2016) (per curiam), affirming the Eau Claire County circuit court’s judgments of conviction for Anton R. Dorsey (“Dorsey”) for three crimes related to his domestic violence toward C.B. In a criminal action by the State, Dorsey was charged with four crimes relating to his domestic violence toward his then-girlfriend, C.B.: one count of strangulation and suffocation under Wis. Stat. § 940.235(1) (2013-14)2; one count of misdemeanor battery under Wis. Stat. § 940.19(1); one count of disorderly conduct under Wis. Stat. §§ 947.01 and 973.055(1); and one count of aggravated battery under §§ 940.19(6) and 973.055(1). All counts were charged with repeater enhancers.
There are two issues on this appeal. First, we consider what standard for admission of other-acts evidence applies under the recently amended language in Wis. Stat. § 904.04(2)(b)1. Second, we consider whether the evidence of Dorsey’s other acts was properly admitted under § 904.04(2)(b)1. As to the first issue, we conclude that the recently amended language allows admission of other-acts evidence with greater latitude under a Sullivan analysis. As to the second issue, we conclude that the circuit court did not erroneously exercise its discretion in admitting evidence of Dorsey’s other acts because the circuit court applied the proper legal standard and admission was a conclusion that a reasonable judge could reach based on the facts of the record. Thus, we affirm the decision of the court of appeals on other grounds.
Affirmed
Concur: R.G. BRADLEY, J. concurs, joined by KELLY, J. (opinion filed).
Dissent:
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