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Due Process Violation

By: Derek Hawkins//June 12, 2019//

Due Process Violation

By: Derek Hawkins//June 12, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Christopher L. Gee

Case No.: 2018AP1069-CR

Officials: Kessler, P.J., Brennan and Brash, JJ.

Focus: Due Process Violation

Christopher L. Gee appeals his judgment of conviction entered after a jury convicted him of two counts of first-degree sexual assault using a dangerous weapon. On appeal, Gee challenges the constitutionality of WIS. STAT. § 904.04(2)(b)2. (2017-18), which permits, in cases of first-degree sexual assault, the admission of evidence regarding other convictions on the same charge to show that the defendant “acted in conformity” with the conduct in the previous conviction. Id. Gee contends that his right to due process was violated because he chose not to testify based on the trial court’s pretrial ruling regarding the admission of his prior conviction for rape in Indiana: the trial court determined that the prior conviction could be introduced at trial pursuant to § 904.04(2)(b)2., but limited its admission to purposes of rebuttal in the event that Gee presented evidence attacking the credibility of the victims. Gee further asserts that the trial court erroneously exercised its discretion in making that ruling.

We conclude that WIS. STAT. § 904.04(2)(b)2. is constitutional, both facially and as applied to Gee. We further conclude that the trial court did not erroneously exercise its discretion in its ruling regarding the admission of Gee’s prior conviction. We therefore 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.

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