Legal Opinion

State v. Childs

Court of Appeals of Wisconsin

Decided July 28, 1988No. 87-0267-CRPublishedCited by 10 opinions

1Opinion of the CourtSundby, J.

Curtiss Childs appeals a judgment convicting him of second-degree sexual assault (fellatio), contrary to sec. 940.225(2)(a), Stats. He claims that several trial errors entitle him to a new trial. First, the trial court erred in instructing the jury that oral stimulation of the penis is fellatio. Second, the trial court erred in denying his motion for a mistrial or, in the alternative, for a cautionary instruction because of the prejudicial effect of evidence of the complainant’s prior sexual conduct. Third, the trial court erred in allowing his parole agent to testify in rebuttal as to…

2Cases cited20 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Jackson v. DennoSupreme Court of the United States · 1964
  3. Mincey v. ArizonaSupreme Court of the United States · 1978
  4. Estelle v. SmithSupreme Court of the United States · 1981
  5. Miller v. FentonSupreme Court of the United States · 1985

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3Cited by10 opinions

  1. Commonwealth v. KingMassachusetts Supreme Judicial Court · 2005
  2. State v. KuntzWisconsin Supreme Court · 1991
  3. State v. AgnelloWisconsin Supreme Court · 1999
  4. State v. HarveyCourt of Appeals of Wisconsin · 2006
  5. State ex rel. S.M.New Jersey Superior Court Appellate Division · 1995

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