State of Wisconsin, Plaintiff-Respondent v. Kevin P. Sullivan, Defendant-Appellant-Petitioner

Summary

The court held that testimony about the defendant's prior verbal abuse of his ex-wife was improperly admitted as other-acts evidence because the prior incident was not sufficiently similar to make intentional conduct or absence of accident more probable, and its limited probative value was substantially outweighed by unfair prejudice. The court further held that the error was not harmless because the State's case depended heavily on resolving conflicting accounts from the complainant and the responding deputy. Justice N. PATRICK CROOKS, dissenting, would have upheld the admission because he viewed the prior incident as sufficiently similar, properly analyzed, and not unfairly prejudicial.