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Argued February 9, Decided June 1, Hanson, Michael J. Fitzgerald and Hanson, Gasiorkiewicz and Becker, S. For the plaintiff-respondent the cause was argued by Michael R. Klos, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general. This is a review of an unpublished decision of the court of appeals affirming a conviction of the circuit court for Racine county, Judge Emmanuel J.
Vuvunas, which found Brian Nelson guilty of first-degree sexual assault.
First, did the trial court err in admitting the out-of-court statements of the alleged victim to two psychologists, Dr. McLean and Dr. Second, if the out-of-court statements Orap properly admitted as exceptions to the hearsay rule, did the admittance of these statements violate the defendant's right of confrontation under the United States and Wisconsin Constitutions?
Third, did the trial court err in Oral Roberts Honor Code Analysis into evidence drawings made by the alleged victim after the prosecutor in the opening statement told the jury that the drawings depicted the defendant as an erect penis?
We agree with the court of appeals that the outof-court statements were admissible as exceptions to the hearsay rule under sec. Furthermore, we agree with the court of appeals that there was no violation of the confrontation clause of the State or Federal Constitution.
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Finally, we find that the admittance into evidence of the drawings constituted harmless visit web page. In April of the defendant, Brian Nelson, was charged with one count of intentionally and feloniously having sexual contact with a person twelve years or younger. The alleged victim of the sexual assault was his daughter, T. At trial the state presented no eyewitness testimony and did not call T. Instead, the evidence of sexual assault and the evidence linking Brian Nelson to the sexual assault were presented primarily through Oral Roberts Honor Code Analysis testimony of T.
McLean, and a second psychologist, Dr. Susan Nelson was granted custody of their daughter, T. Susan Nelson testified at trial that beginning click August,T. According to Susan Nelson, after a visit with the defendant in early August,T. Susan Nelson testified that by October, when she would inform T.
At this point visitations essentially stopped. At Christmas, visitation was resumed without incident. However, Susan Nelson testified that shortly thereafter T.]
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