COA upholds admission of prior confrontations with police in disorderly conduct trial

State v. Eric L. Vanremortel, 2018AP417, 9/4/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs) Vanremortel was charged with disorderly conduct for an incident in which he followed the wife of a retired police officer in her car, then repeatedly got out of his own car and shouted at her. The state […] Source: WI Public Defenders – On Point COA upholds … Continue reading COA upholds admission of prior confrontations with police in disorderly conduct trial

Only the state’s evidence is admissible

State v. Daniel A. Griffin, 2018AP649, 8/21/19, District 2 (recommended for publication); case activity (including briefs) Someone killed a young child in Griffin’s home. Both Griffin and the child’s mother were present at the time. What evidence was the jury allowed to hear about who committed the crime? If you guessed “any remotely relevant evidence […] Source: WI Public Defenders – On Point Only the … Continue reading Only the state’s evidence is admissible

COA: Reference to prior violence by defendant admissible other acts evidence

State v. Kevin B. Hutchins, 2018AP1144-CR, 7/16/2019, District 1 (not recommended for publication); case activity (including briefs) Hutchins had a jury trial for the alleged sexual assault, false imprisonment, and battery of the mother of his children. The judge permitted her to testify, over objection, that he had hit her on other, earlier occasions–the proffered […] Source: WI Public Defenders – On Point COA: Reference … Continue reading COA: Reference to prior violence by defendant admissible other acts evidence

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: … Continue reading Defense win: circuit court erred in excluding DNA evidence

SCOW muddles confrontation, hearsay analysis; addresses Miranda at John Doe proceeding

State v. Peter J. Hanson, 2019 WI 63, 6/5/19, affirming an unpublished decision of the court of appeals; case activity (including briefs) Hanson was called to testify at a John Doe proceeding looking into an unsolved homicide. He was eventually charged with the crime, and at his trial the jury heard  a portion of Hanson’s John […] Source: WI Public Defenders – On Point SCOW muddles … Continue reading SCOW muddles confrontation, hearsay analysis; addresses Miranda at John Doe proceeding

Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed

State v. Alberto E. Rivera, 2018AP952-CR, 4/30, District 1 (not recommended for publication); case activity (including briefs). The State charged Rivera with a homicide and an attempted homicide that occurred in 2015. Before trial, it moved to introduce “other acts” evidence–a homicide that Rivera committed in 1997. The trial court tentatively denied the motion. But […] Source: WI Public Defenders – On Point Admission of … Continue reading Admission of other acts evidence and sufficiency of evidence for homicide conviction affirmed

Driver’s silence constituted refusal; subpoenaed urine test results were admissible

State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that […] Source: WI Public Defenders – On Point Driver’s silence … Continue reading Driver’s silence constituted refusal; subpoenaed urine test results were admissible

Hearsay, its exceptions, and harmless error

State v. Christopher Deshawn McGinnis, 2017AP2224-CR, 3/5/19, District 1 (not recommended for publication); case activity (including briefs) The court of appeals found certain hearsay statements admissible under the “statement against penal interest” and “prior inconsistent statement” exceptions to the hearsay rule. It also held that part of a detective’s testimony qualified as hearsay, but its […] Source: WI Public Defenders – On Point Hearsay, its … Continue reading Hearsay, its exceptions, and harmless error

Detective’s narrative of events shown on surveillance videos properly admitted under lay opinion rule

State v. Johnnie Lee Tucker, 2017AP840-CR, District 1, 8/28/18 (not recommended for publication); case activity (including briefs) Applying State v. Small, 2013 WI App 117, 351 Wis. 2d 46, 839 N.W.2d 160, and the lay opinion rule, § 907.01, the circuit court properly allowed a detective to narrate the events recorded on multiple surveillance cameras […] Source: WI Public Defenders – On Point Detective’s narrative … Continue reading Detective’s narrative of events shown on surveillance videos properly admitted under lay opinion rule

Video seems to show white robber in state’s other-acts evidence; COA, over dissent, upholds conviction of black defendant

State v. Darrin L. Malone, 2017AP680-CR, 9/26/18, District 2 (not recommended for publication); case activity (including briefs) The disputed image is below. It’s of a similar robbery three days before the robbery for which Malone was convicted of felony murder (the other robber in that latter robbery–who testified against Malone–admitting shooting and killing the gas […] Source: WI Public Defenders – On Point Video seems … Continue reading Video seems to show white robber in state’s other-acts evidence; COA, over dissent, upholds conviction of black defendant