| Court: | WI Supreme Court |
| Facts: | A 15-year-old guy sexually assaults an 8-year-old child. Several years later, she receives counseling, and the incident comes to light. At first, the DA isn't going to charge, because he admitted the incident, and had sought help. Then the DA decided to charge. |
| Posture: | Convicted at trial, affirmed on appeal (unpublished), appealed again. |
| Issue: | Does the decision to charge in this case represent an abuse of discretion? |
| Holding: | No. The conviction is affirmed. |
| Rule: | The court need not meddle in the prosecutor's motivation except to review whether discrimination was involved. |
| Reasoning: | Motive was not improper, the trial was not intentionally delayed. The exercise of selectivity is not itself a violation of constitutional protections. |
| Dicta: | Dissent: the court shouldn't consider justice merely the assuagement of the victim's desire for vindication. |