Abuse of Discretion Other-acts Evidence.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Guillermo Mendoza

Case No.: 2020AP1246-CR

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

Focus: Abuse of Discretion Other-acts Evidence

Guillermo Mendoza appeals a judgment convicting him of incest and first-degree sexual assault of a child. Mendoza first argues that the circuit court erred by denying his motion for mistrial. That motion was based on the alleged admission of other acts evidence that occurred when the prosecutor asked Mendoza about his estranged wife living in Mexico. We conclude the circuit court properly exercised its discretion in this regard.

Mendoza also argues that the prosecutor engaged in improper questioning by repeatedly asking Mendoza whether a "good dad" would abuse his children. While we agree with Mendoza that...

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