Other-acts Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Rodney William Dionne

Case No.: 2021AP001743-CR

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

Focus: Other-acts Evidence

Dionne appeals a judgment convicting him of one count of first-degree sexual assault of a child under twelve years old. Dionne argues that the circuit court erroneously denied his motion to admit evidence of specific instances in which the victim allegedly falsely accused other individuals. In support, Dionne contends that these specific instances were not other-acts evidence, but, even if they were, he contends that the court applied an incorrect legal standard and reached an unreasonable conclusion in deciding to exclude the evidence.

The appeals court reasons that a reasonable judge could conclude that Dionne did not offer evidence of Amy’s classmate allegation to show a definite prior design, plan, or scheme of false reporting but, rather, for the impermissible purpose of suggesting that Amy has a character for untruthfulness and acted in conformity with that character when previously reporting the sexual assaults. Accordingly, the court did not erroneously exercise its discretion by excluding this evidence

Affirmed.

Decided 07/11/23

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