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Court Error – Other Acts Evidence

By: Derek Hawkins//July 29, 2020//

Court Error – Other Acts Evidence

By: Derek Hawkins//July 29, 2020//

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WI Supreme Court

Case Name: State of Wisconsin v. David Gutierrez

Case No.: 2020 WI 52

Focus: Court Error – Other Acts Evidence

This is a review of a published decision of the court of appeals reversing the judgment of conviction entered against David Gutierrez.

Gutierrez was convicted of multiple counts of sexual assault and enticement of his stepdaughter. In a postconviction motion, Gutierrez alleged the denial of his constitutional right to an impartial jury and to effective assistance of counsel. Gutierrez appealed the denial of his postconviction motion. He also appealed his judgment of conviction on the grounds that the circuit court erred in its decision to exclude unidentified DNA evidence and to admit “other acts” evidence. The court of appeals reversed the circuit court’s decision to exclude the unidentified DNA evidence and affirmed its decision to admit other acts evidence. The judgment of conviction was vacated and the case was remanded for a new trial. The State petitioned for review.

We conclude that the court of appeals erroneously reversed the circuit court’s exercise of discretion in excluding unidentified DNA evidence. We further conclude that the court of appeals properly affirmed the circuit court’s admission of other acts evidence. Lastly, we conclude that Gutierrez was not denied his right to an impartial jury or his right to effective assistance of counsel. Accordingly, we reverse the court of appeals’ decision as to the unidentified DNA evidence and affirm its decision as to the other acts evidence. We also affirm the circuit court’s denial of Gutierrez’s postconviction motion.

Affirmed in part, reversed in part.

Concur:

Dissent:

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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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