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 WI Court of Appeals C. Unpublished Opinions D. Relevance, Ch. 904 q. Suggestiveness of line-up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State v. Andre David Nash, 2018AP1595-CR, 1/7/20, District 1 (not recommended for publication); case activity (including briefs).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. Appeals 15. Evidence 2. Evidentiary decision 4. Character, 904.04 45. WI Court of Appeals 6. Confrontation, 6th Am. a. Certified records c. "Greater latitude" rule C. Unpublished Opinions D. Hearsay D. Relevance, Ch. 904 L. Harmless Error

Circuit court erroneously admitted hearsay at child sexual assault trial, but error was harmless

State v. Jeffrey D. Lee, 2018AP1507-CR, 11/5/19, District 1 (not recommended for publication); case activity (including briefs) At a jury trial for child sexual assault, the circuit court admitted “other acts” evidence that Lee had similarly assaulted 5 other children. The court of appeals called the “other acts” evidence of the 3rd, 4th and 5th […]
Source: WI Public Defenders – On Point
Circuit court erroneously admitted hearsay at child sexual assault trial, but error was harmless

Categories
1. Appeals 1. Of certain matters 15. Evidence 17. Mistrial decision 29. Pretrial proceedings 3. Prejudice, 904.03 40. Trial Procedures 45. WI Court of Appeals B. Discovery C. Unpublished Opinions D. Relevance, Ch. 904 K. Mistrial K. Standards of Review

COA finds no error in denying mistrial for 3 evidentiary issues

State v. Ross Harris, Jr., 2018AP1667, 10/24/2019, District 4 (one-judge opinion; ineligible for publication); case activity (including briefs) The charges in this case, disorderly conduct and battery, arose from an altercation in a hospital elevator. The state said Harris, newly a grandfather, had attacked A.D., the fiancé of his newborn grandchild’s maternal grandmother, while both […]
Source: WI Public Defenders – On Point
COA finds no error in denying mistrial for 3 evidentiary issues

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. Appeals 15. Evidence 3. Civil Commitments 4. Character, 904.04 45. WI Court of Appeals 8. Appeals 8. Discretionary decision A. Ch. 51, Mental health a. Forfeiture of issues C. Unpublished Opinions D. Relevance, Ch. 904 d. Undeveloped argument K. Standards of Review

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 admission of prior confrontations with police in disorderly conduct trial

Categories
1. Constitutional 10. Defenses 13. Due Process 15. Evidence 3. Prejudice, 904.03 4. Character, 904.04 B. Non-statutory defenses D. Relevance, Ch. 904 I. Present defense Important Posts

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 state’s evidence is admissible

Categories
15. Evidence 4. Character, 904.04 45. WI Court of Appeals C. Unpublished Opinions D. Relevance, Ch. 904

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 to prior violence by defendant admissible other acts evidence

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

Categories
1. Appeals 1. Curative Instruction 15. Evidence 24. Jury 26. Sufficiency of evidence 3. Prejudice, 904.03 4. Character, 904.04 45. WI Court of Appeals 5. Evidence 9. Crimes C. Unpublished Opinions D. Ch. 940: Against life/body D. Relevance, Ch. 904 F. Instructions K. Standards of Review

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 other acts evidence and sufficiency of evidence for homicide conviction affirmed