STATE v. SCHEIDELL

No. 97-1426-CR.

220 Wis.2d 753 (1998)

584 N.W.2d 897

STATE of Wisconsin, Plaintiff-Respondent, v. Daniel G. SCHEIDELL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 1, 1998.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Mitchell E. Cooper, assistant state public defender, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and James M. Freimuth, assistant attorney general.

Before Snyder, P.J., Nettesheim and Anderson, JJ.


ANDERSON, J.

In this appeal, we establish a test for admissibility of "other acts" evidence when the defendant seeks to use the evidence defensively to refute his or her identification as the perpetrator of the crime charged. Under the test, the defendant is not required to demonstrate the same degree of similarity between two incidents which the State must demonstrate when seeking to use "other acts" evidence to prove the defendant's identity. The test requires the...

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