Evidence Sufficiency

By: WISCONSIN LAW JOURNAL STAFF//March 27, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Cullen Joel Horne

Case No.: 2021AP002219-CR

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

Focus: Evidence Sufficiency

Horne appeals from a judgment convicting him, following a jury trial, of third-degree sexual assault, intentionally subjecting an individual at risk to abuse likely to cause great bodily harm, aggravated battery, and obstructing an officer. The State alleged that Horne raped an eighty-seven-year-old woman with Alzheimer’s disease at a senior living facility where Horne worked as a certified nursing assistant (CNA). On appeal, Horne challenges the sufficiency of the evidence to maintain his convictions on two of the charges: intentionally subjecting an individual at risk to abuse likely to cause great bodily harm and aggravated battery. He also argues that the circuit court erred by admitting evidence detailing the specific pornography search terms found on Horne’s cell phone.

Affirmed.

Decided 03/21/23

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