Abuse of Discretion – Expert Testimony

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Daniel J. Mick

Case No.: 2017AP1642-CR

Officials: Sherman, Kloppenburg and Fitzpatrick, JJ.

Focus: Abuse of Discretion – Expert Testimony

A jury found Daniel Mick guilty of one count of first-degree sexual assault of a child and two counts of causing a child under thirteen to view sexual activity. Mick argues that the circuit court erred in granting the State’s pretrial motion in limine to exclude Mick’s expert witness from testifying at trial, for two reasons: (1) the exclusion of Mick’s expert witness was an erroneous exercise of discretion; and (2) the exclusion of Mick’s expert witness violated his constitutional right to present a defense. Mick also argues that he is entitled to a new trial in the interest of justice under WIS. STAT. § 752.35 (2015-16) because the real controversy was not fully tried.

We conclude that the circuit court did not erroneously exercise its discretion in granting the State’s motion in limine to exclude Mick’s expert witness, and that the exclusion did not violate Mick’s constitutional right to present a defense. Further, we conclude that Mick fails to show that he is entitled to a new trial in the interest of justice. Accordingly, we 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.