(DOWNLOAD) "State Wisconsin v. Edward Johnson" by Supreme Court of Wisconsin " eBook PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. Edward Johnson
- Author : Supreme Court of Wisconsin
- Release Date : January 10, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is a review of an unpublished court of appeals' decision which reversed a judgment of conviction and order by the Circuit
Court for Dane County, Honorable Michael B. Torphy, Judge. The defendant, Edward Johnson (Johnson), was convicted by a jury
of two counts of second-degree sexual assault, contrary to sec. 940.225(2)(a), Stats. 1987-88. 1 Exercising its discretionary
reversal power granted to it by sec. 752.35, 2 the court of appeals reversed Mr. Johnson's conviction. It ruled the real
controversy was not fully tried because evidence that the victim was not intending to pursue a civil suit against the defendant
for the alleged assault was introduced at the trial. We reverse. There are two issues presented: First, is evidence that a complainant has not contemplated or initiated a civil action against
the defendant admissible in a criminal trial before such an assertion is made by the defendant to challenge the victim's credibility?
We hold it is not. Second, did the court of appeals abuse its discretion by reversing the defendant's conviction in this case?
We hold that a court could not reasonably conclude the inadmissible evidence so clouded a crucial issue that it prevented
the real controversy from being fully tried. Thus, we conclude the court of appeals abused its discretion and we reverse its
decision.
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