State v. Herndon

Leonard Herndon (Herndon) appeals from a conviction of third-degree sexual assault in violation of sec. 940.225(3), Stats. Herndon claims that he was denied his right to confrontation under the sixth amendment of the United States Constitution and article I, section 7 of the Wisconsin Constitution when he was denied the opportunity to cross-examine M.L.P., the juvenile complaining witness, about her prior arrests for prostitution. Herndon argues that an effective cross-examination was necessary to test M.L.P.’s credibility and to show her motive to fabricate the charge. Herndon also claims…