On Point: c. "Greater latitude" rule

State v. Randy Mcgowan, 2006 WI App 80
For Mcgowan: Dianne M. Erickson

Issue/Holding:

¶14      … The supreme court has provided significant guidance concerning the use of other acts evidence in child sexual assault cases. In State v. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, the court discussed the three-step framework, which was originally set forth in State v.

State v. Randy Mcgowan, 2006 WI App 80
For Mcgowan: Dianne M. Erickson

Issue/Holding:

¶20      We cannot conclude that the allegations are sufficiently factually similar to justify admission of Janis’s testimony as other acts evidence. Assuming the truthfulness of both Sasha and Janis for purposes of this analysis, we conclude that a single assault, by one young child on another young child, eight years before repeated assaults by an adult on a different child who was three years older than the first victim,

State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 38
For Davidson: Jerome F. Buting & Pamela Moorshead

Issue: Whether, on a charge of sexually assaulting a 13-year old niece while on a camping trip, evidence of the defendant’s conviction ten years previous for sexually assaulting a 6-year old girl in a church basement was admissible.

State v. Edward A. Hammer, 2000 WI 92, 236 Wis. 2d 686, 613 N.W.2d 629, on certification, habeas denied, Hammer v. Karlen, 342 F. 3d 807 (7th Cir. 2003)
For Hammer: Rex Anderegg

Issue: Whether, in a trial for sexual assault of several adolescent males while staying at defendant’s parents’ home, evidence that defendant fondled an adult male, 5-7 years earlier while a guest at his home in Ohio,