Sufficiency of Evidence

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Timothy P. Gregory

Case No.: 2016AP1265-CR

Officials: Neubauer, C.J., Reilly, P.J., and Hagedorn, J.

Focus: Sufficiency of Evidence

A jury convicted Timothy P. Gregory of three counts of first-degree sexual assault of a child following charges that he sexually assaulted two sisters. Gregory raises a litany of challenges to his convictions on (1) The circuit court erroneously admitted other-acts evidence of an earlier 1986 sexual assault; (2) The circuit court should have granted a motion for mistrial in response to improper remarks by one of the witnesses; (3) The circuit court violated his right to present a defense by excluding certain evidence of alleged affairs involving the victims’ mother; (4) The circuit court erred by excluding photographs of the victims’ family continuing to socialize with Gregory and his family after the assaults; (5) Gregory’s attorney rendered ineffective assistance of counsel by failing to object and move for a mistrial in response to an allegedly improper propensity argument during the prosecutor’s closing argument; (6) The circuit court erred by instructing the jury to disregard a comment Gregory’s attorney made during closing arguments regarding a potential corroborating witness who was not called to testify; and (7) A new trial is warranted in the interests of justice. We see no error and affirm.

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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.