State v. Burns, 798 N.W.2d 166

Burns was convicted of 11 counts of sexual assault of a minor (S.B.) and sentenced to confinement and supervision.
S.B. alleged assaults by Burns and by her maternal grandfather; the grandfather faced related charges in a separate proceeding.
Burns moved pre-trial to admit evidence of the grandfather's allegations against S.B. to attack credibility and for possible motive.
The circuit court excluded evidence of S.B.'s virginity and certain hymenal-tear evidence under the rape shield law and Pulizzano exceptions.
During Burns' trial, S.B. testified she had not thought she was a virgin anymore, triggering a mistrial/cross-examination disputes.
The court held the virginity statements were inadvertent and denied mistrial or cross-examination on the grandfather's assaults; the State's closing arguments were later challenged.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the real controversy was fully tried despite the virginity testimony and limiting rulings	Burns: real controversy未 fully tried due to virginity testimony and barred cross-examination on grandfather's assaults	Burns: despite issues, the jury could assess credibility and the record shows full contest	Not warranted; real controversy fully tried
Admissibility of the grandfather's assaults under rape shield and Pulizzano	Burns: grandfather assaults are probative of credibility and necessary for a meaningful defense	State: rape shield blocks such evidence unless enumerated exceptions; Pulizzano does not apply here	Excluded under rape shield; Pulizzano not satisfied; not admissible
Prosecutor's closing arguments and their impact on due process	Burns: closing statements invited improper inferences about lack of alternative explanations	State: statements viewed in context of trial record and did not infect trial unfairly	Not a due-process violation; closing arguments did not warrant new trial
Totality-of-the-circumstances review for discretionary reversal	Burns: cumulative effect of exclusion and closing arguments created a miscarriage of justice	State: individual issues did not undermine confidence in verdict; credibility issue resolved by jury	No reversal; real controversy fully tried; no miscarriage of justice shown

State v. Schumacher, 144 Wis. 2d 388 (Wis. 1988) (discretionary reversal principles for mis-trial or evidence issues)
State v. Vollmer, 156 Wis. 2d 1 (Wis. 1990) (discretionary reversal standards and real controversy not fully tried concept)
State v. McGuire, 328 Wis. 2d 289 (Wis. 2010) (totality-of-circumstances approach to discretionary reversal)
State v. Doss, 312 Wis. 2d 570 (Wis. 2008) (premised on erroneous evidentiary rulings affecting credibility)
State v. Mayo, 301 Wis. 2d 642 (Wis. 2007) (standard for when prosecutorial comments may deny due process)
State v. Pulizzano, 155 Wis. 2d 633 (Wis. 1990) (established balancing test for admitting otherwise excluded evidence to protect right to a meaningful defense)