Categories
1. Types of evidence 15. Evidence 45. WI Court of Appeals C. Unpublished Opinions D. Relevance, Ch. 904 q. Suggestiveness of line-up

COA reverses order suppressing identification evidence obtained in a lineup

State v. Andre David Nash, 2018AP1595-CR, 1/7/20, District 1 (not recommended for publication); case activity (including briefs). Under Wisconsin law, once a defendant shows that an out-of-court identification procedure is impermissibly suggestive, the State has the burden of demonstrating that the identification was still reliable and should be admitted into evidence. Powell v. State, 86 […]
Source: WI Public Defenders – On Point
COA reverses order suppressing identification evidence obtained in a lineup

Categories
'19-20 1. Types of evidence 15. Evidence 4. Character, 904.04 44. WI Supreme Court A. Review Grants c. "Greater latitude" rule D. Relevance, Ch. 904 f. Failure to ID defendant Important Posts K. Rape shield, 972.11(2) Pending in SCOW

SCOW to review erroneous exclusion of defense DNA evidence

State v. David Gutierrez, 2017AP2364-CR, petition for review of a published court of appeals decision granted 11/13/19; case activity (including briefs) Issue (based on the State’s Petition for Review): 1. Did the court of appeals violate the standard of appellate review of trial court evidentiary rulings by holding the trial court erred in deciding to exclude […]
Source: WI Public Defenders – On Point
SCOW to review erroneous exclusion of defense DNA evidence

Categories
1. Constitutional issues 1. Types of evidence 15. Evidence 45. WI Court of Appeals 9. Crimes B. Chs. 343-346: Traffic offense C. Unpublished Opinions D. Relevance, Ch. 904 l. PBT

Barring PBT evidence didn’t violate right to present defense

State v. Jude W. Giles, 2018AP1967-CR, District 3, 10/8/19 (one-judge decision; ineligible for publication); case activity (including briefs) Jude’s sought to admit the results of his preliminary breath test results (.076) to lay a foundation for his expert’s opinion that alcohol was still being absorbed into his blood, making the state hygiene lab’s blood test […]
Source: WI Public Defenders – On Point
Barring PBT evidence didn’t violate right to present defense

Categories
1. Types of evidence 15. Evidence 4. Character, 904.04 45. WI Court of Appeals c. "Greater latitude" rule C. Unpublished Opinions D. Relevance, Ch. 904 f. Failure to ID defendant Important Posts K. Rape shield, 972.11(2)

Defense win: circuit court erred in excluding DNA evidence

State v. David Gutierrez, 2017AP2364-CR, District 2, 7/3/19 (recommended for publication); case activity (including briefs) The circuit court allowed the state to admit testimony that Gutierrez’s DNA wasn’t found after testing of relevant evidence state as well as testimony about why his DNA might not be found; it did not, however, allow Gutierrez to admit […]
Source: WI Public Defenders – On Point
Defense win: circuit court erred in excluding DNA evidence