Abuse of Discretion – Other Acts Evidence

By: Derek Hawkins//March 20, 2019//

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Marco A. Lopez, Sr.,

Case No.: 2018AP159-CR

Officials: Brennan, Brash and Dugan, JJ.

Focus: Abuse of Discretion – Other Acts Evidence

Marco A. Lopez, Sr. appeals a judgment of conviction, entered on a jury verdict, for four counts of first-degree sexual assault of a child. The charges related to two relatives of Lopez who had been children at the time of the assaults. Lopez argues that he is entitled to a new trial because the trial court erroneously exercised its discretion when it permitted the State to present other acts evidence from two witnesses, also relatives of Lopez, who testified that they had been molested by Lopez when they were under the age of thirteen. We conclude that the trial court properly exercised its discretion in permitting the other acts evidence because the evidence satisfied the Sullivan test and its probative value was not outweighed by the danger of unfair prejudice. We therefore affirm.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event