Court: |
WI Supreme Court |
|
Facts: |
Whitty is convicted of something, but it's not clear what. He claims
testimony about his little black-and-white rabbit ruse (used to lure
a girl to a basement for molestation) was prejudicial. |
|
Posture: |
Convicted, then appealed... not totally clear what the deal is here. |
|
Issue: |
Was the testimony prejudicial? |
|
Holding: |
No. |
|
Rule: |
A trial court has to consider carefully whether evidence of prior crimes
will be prejudicial, but it's not necessarily inadmissible. |
|
Reasoning: |
Evidence that's inadmissible for one purpose might be OK for another.
Also, the evidence doesn't have to be in the form of conviction;
just evidence that an incident occurred might tend to substantiate
other evidence. As was the case here. |
|
Dicta: |
Evidence of prior crimes should be used sparingly. |