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Sufficiency of Evidence

By: Derek Hawkins//February 1, 2018//

Sufficiency of Evidence

By: Derek Hawkins//February 1, 2018//

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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This is a review of an unpublished decision of the court of appeals, State v. Dorsey, No. 2015AP648-CR, unpublished slip op.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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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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