Due Process Violation

Listen to this article

WI Supreme Court

Case Name: State of Wisconsin v. Gerrod R. Bell

Case No.: 2018 WI 28

Focus: Due Process Violation

Gerrod Bell says he is entitled to a new trial because the first one, which resulted in convictions for the sexual assault of two victims, was unfair——a violation of his due process rights. He believes it was unfair because the State told the jurors they could not find him not guilty unless they thought the victims lied about the sexual assaults, and that they should not disbelieve the victims because there was no motive for them to lie. This, he says, shifted the burden of proof and distorted the jury’s credibility determinations. He also claims the jury based its verdict, at least in part, on inadmissible evidence contained in two exhibits sent to the jury room during deliberations. We conclude that Mr. Bell is not entitled to a new trial and affirm the decision of the court of appeals.

Affirmed

Concur: ZIEGLER, J. concurs (opinion filed).

Dissent: A.W. BRADLEY, J. dissents (opinion filed).

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.