State v. Jon P. Barreau, 2002 WI App 198, PFR filed 8/12/02 For Barreau: Glenn C. Reynolds Issue/Holding A witness’s pending criminal charges are relevant to bias, even absent promises of leniency. ¶55. In this instance, the trial court prohibited cross-examination about whether the witness was receiving benefits from the state for his testimony, but only after… Read more
L. Harmless Error
State v. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether the trial court erred in refusing to qualify a social worker as an expert in this Ch. 980 supervised release proceeding. Holding: Because the witness had “expertise with respect to treating sex offenders …… Read more
State v. William Nielsen, 2001 WI App 192, PFR filed For Nielsen: Waring R. Fincke Issue/Holding: ¶20. Our review of a claimed discovery violation under Wis. Stat. § 971.23 is subject to a harmless error analysis. See State v. Koopmans, 202 Wis. 2d 385, 396, 550 N.W.2d 715 (Ct. App. 1996). The test of harmless… Read more
State v. Michael W. Carlson, 2001 WI App 296 For Carlson: Steven L. Miller Issue/Holding: Erroneous impaneling of a juror who, because he could not understand English, should not have been seated, wasn’t harmless beyond a reasonable doubt. ¶46. The harmless error rule adopted last term by this court in State v. Harvey, 2002 WI… Read more
State v. Jerome G. Semrau, 2000 WI App 54, 233 Wis. 2d 508, 608 N.W.2d 376 For Semrau: John D. Lubarsky, SPD, Madison Appellate Issue: Whether (assumed) erroneous refusal to suppress evidence was harmless on appeal following guilty plea, under Wis. Stat. § 971.31(10). Holding: Strength of admissible evidence, apart from unsuppressed evidence, placed Semrau… Read more
State v. Tonnie D. Armstrong, 223 Wis.2d 331, 588 N.W.2d 606 (1999), reconsideration denied, 225 Wis.2d 121, 591 N.W.2d 604 (1999) For Armstrong: Steven A. Koch and Seymour, Kremer, Nommensen, Morrissy & Koch Issue/Holding: Armstrong pleaded guilty, with suppression issues (admissibility of oral statements) preserved as matter of law under Wis. Stat. § 971.31(10). The… Read more
