Abuse of Discretion – Other Acts Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Sheldon K. Miller

Case No.: 2018AP247-CR

Officials: Lundsten, P.J., Blanchard, and Fitzpatrick, JJ.

Focus: Abuse of Discretion – Other Acts Evidence

Sheldon Miller appeals the judgment of conviction, following a jury trial, for first degree child sexual assault involving sexual contact with a person under age 13 as a persistent repeater. Miller makes the following arguments: (1) his trial counsel provided ineffective assistance by failing to object to remarks by a prosecutor about the victim having “cognitive delays”; (2) the circuit court erroneously exercised its discretion in allowing the State to admit “other-acts” evidence in the form of allegations regarding Miller’s sexual assaults of two boys in 1990; and (3) the circuit court violated his rights to due process and a fair trial by allegedly misstating the State’s burden of proof during jury selection and by delaying the reading of the standard burden of proof instruction to the jury. Miller also apparently intends to make an ineffective assistance of counsel argument based on the cumulative effect of alleged acts of deficient performance by trial counsel. We reject each argument and accordingly affirm.

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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.