State v. Harry L. Seymer, 2005 WI App 93 For Seymer: Andrea T. Cornwall, SPD, Milwaukee Appellate Issue/Holding: Improper termination of defendant’s cross-examination of the sexual assault complainant was not harmless error, where abbreviated though it was, cross had already “raise(d) serious questions concerning A.S.’s credibility and the veracity of her account …. Thus, it… Read more
L. Harmless Error
State v. William E. Draughon III, 2005 WI App 162, (AG’s) PFR filed For Draughton: Stephen L. Miller Issue/Holding: Although failure to instruct the jury on an element is subject to harmless error analysis per State v. Harvey, 2002 WI 93, ¶¶44, 49, 254 Wis. 2d 442, 647 N.W.2d 189, in this instance the error… Read more
Harrison Franklin v. McCaughtry, 398 F.3d 955 (7th Cir 2005), granting habeas relief in unpublished opinion of Wis COA Issue/Holding: The tripartite test for judicial bias (subjective inquiry answered by trial judge’s determination of own impartiality; objective examination as to whether reasonable person could question judge’s impartiality; and if partiality is established, whether it was harmless, see State v. Rochelt, 165… Read more
State v. Xavier J. Rockette, 2005 WI App 205 For Rockette: Timothy A. Provis Issue/Holding: Issue/Holding: Trial court’s error in refusing to order suppression of statement was harmless under § 971.31(10), under following circumstances: ¶27 We conclude that the result in this case would have been the same beyond a reasonable doubt even if the… Read more
State v. Timothy Scott Bailey Smith, Sr., 2004 WI App 116, reversed on other grounds, 2005 WI 104 For Smith: Patrick M. Donnelly, SPD, Madison Appellate Issue/Holding: ¶10 The State points out that omissions in jury instructions are subject to a harmless-error analysis. See State v. Harvey, 2002 WI 93, ¶6, 254 Wis. 2d 442… Read more
State v. Sylvester Sigarroa, 2004 WI App 16, PFR filed 1/2/04 For Sigarroa: John Pray, UW Law School Issue/Holding: A witness’s improper reference to the defendant’s prior criminal history was not prejudicial, where the judge ordered it struck, gave the standard final instruction on ignoring all things stricken, and the evidence of guilt was overwhelming… Read more
State v. Phonesavanh Vanmanivong, 2003 WI 41, reversing, 2001 WI App 299 For Vanmanivong: John J. Grau Issue/Holding: Trial court failure to order disclosure of an informant is subject to harmless error analysis. The state, as beneficiary of the error, bears the burden of proving beyond reasonable doubt that the error didn’t contribute to the… Read more
State v. Timothy M. Ziebart, 2003 WI App 258 For Ziebart: Robert R. Henak Issue/Holding: ¶26. Where the trial court incorrectly instructs the jury, this court must set aside the verdict unless that error was harmless; that is to say, unless there is no reasonable possibility that the error contributed to the conviction. State v… Read more
