The reason Radtke said he had been illegally detained is that he didn’t appear before a Wisconsin judge within 36 hours as required by law. His attorney used case law to say that the extra delay of about 90 minutes was a violation of Radtke’s constitutional rights.
The appeals court ruled it wasn’t a constitutional issue. It also found McCarthy had legal grounds to allow the evidence despite the short delay.
The appeals court also said it wouldn’t second guess the jury’s assessment of the victim’s testimony, even though evidence was presented that said she told a school official and a friend she might have dreamed that she had been penetrated. Her testimony at the trial made it clear she didn’t believe it was a dream.