Court Error – Abuse of Discretion

By: Derek Hawkins//November 27, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Geoffrey D. Hesser

Case No.: 2017AP1378-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Court Error – Abuse of Discretion

Geoffrey Hesser appeals a judgment, entered upon a jury’s verdict, convicting him of second-degree sexual assault by use or threat of force or violence, contrary to WIS. STAT. § 940.225(2)(a) (2015-16). Hesser contends that the circuit court erroneously exercised its discretion by: (1) permitting the State to amend the Information on the first morning of his trial; (2) excluding portions of a Facebook Messenger conversation between Hesser and the victim of the assault, Annie ; and (3) denying Hesser’s request to allow the jury to view Annie’s car, where the assault occurred. Hesser also contends that the combined effect of these errors deprived him of his constitutional right to present a complete defense. We reject Hesser’s arguments 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.

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