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Admission of Evidence – Other Acts Evidence

By: WISCONSIN LAW JOURNAL STAFF//January 17, 2023//

Admission of Evidence – Other Acts Evidence

By: WISCONSIN LAW JOURNAL STAFF//January 17, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Ted Lopez

Case No.: 2020AP001840-CR

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

Focus: Admission of Evidence – Other Acts Evidence

Following a jury trial, Ted Lopez was convicted of sexually assaulting “Daniel,” the son of his former girlfriend, when Daniel was between six and seven years old. On appeal, Lopez contends that the circuit court erred by: (1) allowing a social worker to testify as an expert witness on topics beyond her field of expertise; (2) allowing the State to play recordings of two interviews with Daniel and an interview with another child, Carter, even though both of those witnesses also testified at trial; (3) allowing one of Lopez’s former girlfriends, Elena, to testify regarding threats that Lopez made against her after he was charged in this case and fled to Minnesota; and (4) allowing the State’s other-acts evidence to “overwhelm its proof of the charged crimes.” This court rejects each of these arguments and affirms Lopez’s judgment of conviction.

Affirmed.

Decided 01/10/23

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