State v. Grande

The state appeals an order granting Dean Grande's motion to exclude from his kidnapping trial all evidence pertaining to an alleged Minnesota sexual assault. The state argues that because the alleged sexual assault was the motive for the kidnapping and the evidence was offered to prove an element of the kidnapping charge, the probative value of the evidence outweighed its prejudicial effect and potential for misleading the jury under sec. 904.03, Stats. The state asserts, therefore, that the trial court abused its discretion by excluding the sexual assault evidence. We conclude that because…