State v. Bernard G. Tainter, 2002 WI App 296, PFR filed 12/23/02 For Tainter: Jack E. Schairer, SPD, Madison Appellate Issue/Holding: The trial court properly exercised discretion in admitting into evidence actuarial instruments (by determining that they were of the type commonly relied on by experts to assess sex offender risk; and by allowing Tainter… Read more
4. Trial
State v. David J. Wolfe, 2001 WI App 136, 246 Wis.2d 233, 631 N.W.2d 240, PFR filed 5/18/01 For Wolfe: Ann T. Bowe Issue: Whether evidence of the respondent’s arson adjudication, and institutional violations and misconduct while at an adolescent treatment center were admissible under § 904.04. Holding: ¶37 Diagnoses of a mental disorder and… Read more
State v. Kerby G. Denman, 2001 WI App 96, 243 Wis. 2d 14, 626 N.W.2d 29. For Denman: Glenn L. Cushing, SPD, Madison Appellate Issue: Whether a Ch. 980 respondent’s jury waiver requires advice of the right to a unanimous verdict. Holding: The court “look(s) to WIS. STAT. § 980.05(2), rather than the case law… Read more
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. Larry J. Sprosty, 2001 WI App 231, PFR filed For Sprosty: Jack E. Schairer, SPD, Madison Appellate Issue: Whether a psychologist must be licensed in Wisconsin to provide expert opinion in a Ch. 980 proceeding. Holding: No: “the standard for determining the admissibility of expert testimony in this case is the general one… Read more
State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97 For Pletz: Michael J. Backes Issue: Whether letters from DSM-IV committee members, regarding the impact of an assault on a diagnosis of pedophilia, were properly admitted. Holding: A basis for an expert opinion, otherwise hearsay, is admissible if of “a type… Read more
State v. Carl Kaminski, 2009 WI App 175 For Kaminski: Donald T. Lang, SPD, Madison Appellate Issue/Holding: An SVP expert may rely on the respondent’s unproven prior misconduct in deriving his or her opinion. The § 904.04(2) “preliminary relevance” requirement, State v. James E. Gray, 225 Wis.2d 39, 59-61, 590 N.W.2d 918 (1999); State v. Landrum, 191 Wis… Read more
State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999) For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate Issue: Whether a juvenile adjudication is admissible in a Ch.980 proceeding, § 938.35(1) notwithstanding. Holding: A juvenile adjudication is admissible. § 938.35(1) expressly prohibits admissibility of a juvenile court disposition except for certain… Read more
