Abuse of Discretion Other Acts Evidence.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: State of Wisconsin v. Sheldon K. Miller

Case No.: 2018AP247-CR

Officials: Lundsten, P.J., Blanchard, and Fitzpatrick, JJ.

Focus: Abuse of Discretion Other Acts Evidence

Sheldon Miller appeals the judgment of conviction, following a jury trial, for first degree child sexual assault involving sexual contact with a person under age 13 as a persistent repeater. Miller makes the following arguments: (1) his trial counsel provided ineffective assistance by failing to object to remarks by a prosecutor about the victim having "cognitive delays"; (2) the circuit court erroneously exercised its discretion in allowing the State to admit "other-acts" evidence in the form of allegations regarding Miller's sexual assaults of two boys in 1990; and (3) the circuit court violated his rights to due process and a fair trial by allegedly misstating the State's burden of proof during jury selection and...