Fond du Lac County v. Douglas L. Bethke, 2013AP2297, District 2, 4/30/14 (1-judge; ineligible for publication); case activity The circuit court did not erroneously exercise its discretion when it excluded evidence of particular crime lab errors that happened years before Bethke’s blood sample was analyzed. Before Bethke’s OWI trial the County moved to bar evidence that… Read more
10. Evidentiary decisions
State v. Tammy S. Cole, 2013AP947-CR, District 4, 2/27/14; court of appeals decision (not recommended for publication); case activity The trial court did not err in declining to instruct on second-degree reckless homicide or homicide by negligent handling of a dangerous weapon, as Cole requested at her trial on one count of first degree intentional… Read more
Here’s an issue in search of a published decision. In 2011, Wisconsin amended Wis. Stat § 907.02 to require circuit courts to apply the Daubert test for the admissibility of expert testimony. Thus far, no Wisconsin appellate court has interpreted and applied the new § 907.02, so we don’t know the standard for reviewing circuit court decisions pursuant… Read more
State v. Desmond Dejuan Laster, 2012AP1739-CR, District 1, 4/2/13; court of appeals decision (not recommended for publication); case activity The trial court did not erroneously exercise its discretion in making two evidentiary rulings or in denying Laster’s motion for a mistrial. On the first evidentiary ruling, the court of appeals holds the trial court properly… Read more
State v. Dion M. Echols, 2010AP2626-CR, District 1, 9/27/11 court of appeals decision (not recommended for publication); for Echols: Amelia L. Bizzaro; case activity Evidence held sufficient to establish “great bodily harm” element of 1st-degree sexual assault, § 940.225(1)(a), where the harm was inflicted a short time after the assault. ¶23 In this case, the trial court… Read more
State v. Henry W., 2011AP693, District 1, 6/7/11 court of appeals decision (1-judge, not for publication); for Henry W.: Jane S. Earle; case activity Testimony of a “bonding expert” as to how the child’s view of her father would make it difficult for him to meet conditions of return, was relevant and admissible in the… Read more
State v. Jeffrey D. Walli, 2011 WI App 86 (recommended for publication); for Walli: Chad A. Lanning; case activity Trial court factual findings made from a combination of live testimony and video evidence are reviewed deferentially, under the “clearly erroneous” standard of review; the court rejects de novo review of the video recording. Here, it… Read more
State v. Kevin M. Moore, 2009AP3167-CR, District 2, 12/15/10 court of appeals decision (3-judge, not recommended for publication); for Moore: Jeffrey W. Jensen; Moore BiC; State Resp.; Reply Evidence – Frequenting “Gentleman’s Club” as Source of Friction with Deceased Evidence that Moore spent much time and money at a local “gentleman’s club,” offered by the… Read more
