Exclusion of Evidence

By: WISCONSIN LAW JOURNAL STAFF//February 19, 2024//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. David James Rychtik

Case No.: 2023AP000226-CR

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

Focus: Exclusion of Evidence

Rychtik appeals from a judgment convicting him of second-degree sexual assault by use of force and from an order denying his postconviction motion. The sexual assault charge was based upon allegations that, on January 23, 2019, Rychtik pinned Kate down on a couch in an apartment that Rychtik shared with Tyra Cynor, and Rychtik vaginally raped Kate while she cried, scratched him, and yelled at him to stop. He challenges the circuit court’s exclusion of certain evidence relating to his past sexual history with the victim in this case and the court’s admission of other-acts evidence relating to his prior sexual assault of a different victim in another case. The appeals court concludes that the court’s evidentiary decisions were within its proper exercise of discretion.

Affirmed.

Decided 02/13/24

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