Sullivan Test-Other Acts Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jeffrey Anthony Charles

Case No.: 2023AP001865-CR

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

Focus: Sullivan Test-Other Acts Evidence

The State appealed a decision by the Douglas County Circuit Court, which partially granted and partially denied its motion to admit other-acts evidence in a case involving Charles, a church pastor, who was charged with repeated sexual assault of a child. The State sought to present evidence from Alice and Dana, two victims, to show a pattern of behavior to manipulate, control, and sexually assault female parishioners using his religious authority. The circuit court admitted some of this evidence but excluded portions of Alice and Dana’s testimonies.

The State argued that the court improperly applied the Sullivan test for admissibility and failed to adequately consider the greater latitude rule under Wis. Stat. § 904.04(2)(b)1., which allows more liberal admission of similar acts in child sexual assault cases. The appeals court agreed, concluding the circuit court erred by not properly explaining how the greater latitude rule influenced its decision to exclude parts of the evidence. The appellate court reversed the lower court’s order and remanded the case for further clarification and reconsideration of the admissibility of the evidence.

Reversed and Remanded.

Decided 01/02/25

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