Wedan v. State

409 N.W.2d 266, 1987 Minn. App. LEXIS 4571
CourtCourt of Appeals of Minnesota
DecidedJuly 21, 1987
DocketC6-87-558
StatusPublished
Cited by2 cases

This text of 409 N.W.2d 266 (Wedan v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wedan v. State, 409 N.W.2d 266, 1987 Minn. App. LEXIS 4571 (Mich. Ct. App. 1987).

Opinion

OPINION

PARKER, Judge.

Appellant Gary Wedan was convicted of second-degree criminal sexual conduct in violation of Minn.Stat. § 609.343 (1984). On appeal from a post-conviction relief hearing he contends the evidence was insufficient to sustain the conviction and that he was denied a fair trial because the trial court limited the cross-examination of one witness, the State did not disclose an expert’s notes until the day of trial, and the State’s expert expressed an opinion regarding the complainant’s truthfulness. We affirm.

FACTS

Wedan’s conviction was based on evidence that he engaged in sexual contact with eight-year-old J.L.F. sometime between January and April 1985.

In January 1985 Wedan moved into a basement bedroom in the home of J.L.F.’s family. J.L.F. and her brothers occasionally visited Wedan in his room. J.L.F. testified that on the day of the incident in question she entered Wedan’s room to visit and lay on his bed. She stated that Wedan then shut, the bedroom door, walked over to the bed and touched her in a “bad spot.” She used an anatomically correct doll to show that Wedan touched her vagina, and she said the touch hurt her. After Wedan touched her, she yelled “No,” hit him in the arm and slammed the door as she left the bedroom. She was unable to pinpoint the exact date of the incident.

Although J.L.F. failed to tell her parents, family members or teachers what happened, the day after the incident she told her schoolmates that Wedan touched her in a “bad spot.” At trial a schoolmate confirmed that J.L.F. had told her the story, but she also could not pinpoint the date or where J.L.F. was touched. In April 1985 J.L.F.’s parents learned of the incident and contacted the police. J.L.F. then repeated consistent versions of the incident during two separate interviews with sheriff’s deputies. The deputies testified that J.L.F. was nervous and visibly upset during the interviews.

J.L.F. was examined on four separate occasions by a psychotherapist. She reported the same version of the incident to the therapist. The therapist testified that J.L.F.’s behavior was consistent with that of a molestation victim and concluded that during the interviews J.L.F. did nothing to indicate she was lying.

Wedan denied having any sexual contact with J.L.F. He claimed she was a mixed-up little girl trying to act like an adult. He told deputies he believed J.L.F. had been “coming on to him.” He claimed J.L.F.’s actions devastated him and that he was never sexually attracted to her.

The jury found Wedan guilty of second-degree sexual assault, and his petition for post-conviction relief was denied. On appeal he claims the evidence was insufficient to support his conviction and that he was *268 denied his constitutional right to a fair trial.

ISSUES

1. Was the evidence sufficient to sustain appellant’s conviction?

2. Was appellant denied a fair trial as a result of certain evidentiary and other trial court rulings?

DISCUSSION

The scope of review in post-conviction proceedings is limited to the question of whether sufficient evidence exists to sustain the post-conviction court’s findings. Bamess v. State, 290 Minn. 509, 510, 187 N.W.2d 111, 112 (1971). When the evidence supports the lower court’s findings, this court will affirm. Skavene v. State, 290 Minn. 527, 528, 188 N.W.2d 419, 420 (1971).

I

When reviewing a claim of insufficiency of the evidence, an appellate court must determine whether, given the facts in the record and the legitimate inferences drawn from them, a jury could reasonably conclude the defendant was guilty of the offense charged. State v. Ulvinen, 313 N.W.2d 425, 428 (Minn.1981). Moreover, this court must view the evidence in the light most favorable to the State and assume that the jury believed State witnesses and disbelieved contrary evidence. State v. Merrill, 274 N.W.2d 99, 111 (Minn.1978). The verdict will not be reversed if the jury, giving due regard to the presumption of innocence and the State’s burden of proving guilt beyond a reasonable doubt, could reasonably have found the defendant guilty. Id. In addition, corroborating evidence of a complainant’s testimony in sex crime offenses is not required. Minn.Stat. § 609.347, subd. 1 (1984).

Although virtually all of the direct evidence stemmed from J.L.P.’s testimony, the fact that she repeated her recitation of events surrounding the incident in a consistent manner is a significant factor in reviewing the sufficiency of the evidence. State v. Folley, 378 N.W.2d 21, 25-26 (Minn.Ct.App.1985). In addition, an expert concluded that her behavior was consistent with that of an abused child. Wedan’s testimony offered the only contradictory evidence. The jury is in the best position to evaluate witness credibility and “judge whether her allegations against appellant should be believed or whether they were merely the product of a confused child.” State v. Harmening, 376 N.W.2d 254, 257 (Minn.Ct.App.1985), pet. for rev. denied, (Minn. Dec. 13, 1985). The jury’s right to assess witness credibility generally is given deference even when there is weak corroborating evidence. State v. Hamilton, 289 N.W.2d 470, 477 (Minn.1979); Marshall v. State, 395 N.W.2d 362, 365 (Minn.Ct.App. 1986), pet. for rev. denied, (Minn. Dec. 17, 1986). A review of the record as a whole indicates that the jury reasonably could have concluded Wedan was guilty.

II

Wedan asserts that several evidentiary and other trial court rulings deprived him of a fair trial. Rulings on evidentiary matters rest within the sound discretion of the trial court. State v. Anderson, 370 N.W.2d 653, 664 (Minn.Ct.App.1985).

On cross-examination of the deputy who investigated the case, Wedan’s counsel attempted to pose questions regarding other instances of sexual assault to which J.L.F. allegedly was exposed. Wedan claims the purpose was to show alternative sources of sexual knowledge and motive for fabrication. The trial court denied this cross-examination because the questioning was designed to elicit hearsay evidence, evidence of past sexual conduct proscribed by Minn.R.Evid. 404(c), and because the probable prejudice outweighed any probative value, citing Minn.R.Evid. 403.

Minnesota has ruled that evidence that a complainant has been the victim of a past sex offense is excludable under Rule 404. State v. Packer, 295 N.W.2d 266

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State v. Borg
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445 N.W.2d 582 (Court of Appeals of Minnesota, 1989)

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Bluebook (online)
409 N.W.2d 266, 1987 Minn. App. LEXIS 4571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wedan-v-state-minnctapp-1987.