State v. Earnest Lee Nicholson, 2015AP2154-CR & 2015AP2155-CR, 3/7/2017, District 1 (not recommended for publication); case activity (including briefs) Nicholson challenges the validity of the no-contact order he was convicted of violating, and also argues his rights to confrontation and to testify were violated. The court of appeals rejects his claims. The no-contact order In… Read more
6. Confrontation, 6th Am.
State v. Rozerick E. Mattox, 2017 WI 9, on certification from the court of appeals, 2015AP158-CR, 2/14/17; case activity (including briefs) S.D. was found dead in circumstances strongly suggestive of a drug overdose. The police summoned the medical examiner, who eventually performed an autopsy. The examiner sent samples from S.D.’s body to a lab in… Read more
Steven D. Lisle, Jr., v. Guy Pierce, 7th Circuit Court of Appeals No. 14-3047, 2016 WL 4245489, 8/11/16 Lisle sought federal habeas relief from his murder and aggravated battery convictions, arguing that his Sixth Amendment right to confrontation was violated by the admission of a hearsay statement identifying him as the man who shot two… Read more
On review of a court of appeals certification; case activity (including briefs) Issue (from certification): Does it violate a defendant’s rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution for the State to introduce at trial a toxicology report identifying certain drugs in a deceased victim’s system and/or testimony of… Read more
State v. Raymond L. Nieves, 2014AP1623-CR, 4/5/16, District 1 (recommended for publication, but not published); petition for review granted 9/13/16; case activity (including briefs). This case explores the line between Bruton v. U.S., 391 U.S. 123 (1968)(which holds that at a joint trial the confession of one defendant is inadmissible against the co-defendant unless the confessing… Read more
State v. Esequiel Morales-Pedrosa, 2016 WI App 38; case activity (including briefs) The case law prohibiting vouching by one witness for the credibility of another witness didn’t clearly cover a forensic interviewer’s testimony that 90% of child sexual assault reports are true. Thus, trial counsel wasn’t deficient for failing to object to the testimony. At Morales-Pedrosa’s trial for… Read more
Review of a published court of appeals decision; case activity (including briefs) Issue (composed by On Point): Does the Confrontation Clause or Due Process Clause prohibit a circuit court from relying on hearsay evidence in deciding a suppression motion? It hardly needs saying that this is a significant case with potentially far-reaching impact—indeed, the dissenting court… Read more
State v. Miguel Muniz-Munoz, 2014AP702-CR, 3/1/16, District 1 (not recommended for publication); case activity (including briefs) By the time Muniz-Munoz went to trial for first degree intentional homicide, the medical examiner who conducted the autopsy of the victim was dead. The trial court allowed another medical examiner who reviewed the case record to give his independent… Read more
