State v. William Nielsen, 2001 WI App 192, PFR filed For Nielsen: Waring R. Fincke Issue/Holding: ¶31. The privilege against self-incrimination is guaranteed by art. I, § 8, of the Wisconsin Constitution and by the Fifth Amendment to the United States Constitution. State v. Adams, 221 Wis. 2d 1, 7, 584 N.W.2d 695 (Ct. App. 1998)… Read more
Published 2001
State v. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether the prosecutor properly cross-examined an alibi witness as to what the defendant had told him about his prior offense. Holding: ¶21. Further, even if the 1992 conviction could have been properly admitted, using this evidence on cross-examination… 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. Kevin S. Meehan, 2001 WI App 119 For Meehan: Pamela Moorshead, Buting & Williams Issue: Whether the alleged victim’s entire testimony at prior proceedings was properly admitted into evidence, under prior consistent statement or rule of completeness rationales. Holding: ¶25. The trial court admitted the entire prior testimony under two theories: (1) the… Read more
State v. Ludwig Guzman, 2001 WI App 54, 241 Wis. 2d 310, 624 N.W.2d 717 For Guzman: Robert E. Haney Issue: Whether the trial court properly excluded a defense witness who had not been timely named as a witness. Holding: ¶22 The record supports the trial court’s discretionary decision to exclude Rosado’s testimony. Guzman was… Read more
State v. Edward A. Murillo, 2001 WI App 11, 240 Wis. 2d 666, 623 N.W.2d 187, habeas relief granted, Edward A. Murillo v. Frank, 402 F3d 786 (7th Cir. 2005) For Murillo: Craig Albee Issue: Whether a statement implicating defendant in a homicide and made by his brother and fellow gang member while in police… Read more
State v. Daniel Williams, 2001 WI App 155 For Williams: Adrienne M. Moore, SPD, Racine Trial Issue: Whether the grant of a petition for supervised release (§ 980.08) can be vacated on the basis of a periodic re-examination report (§ 980.07) which is a mere assessment of the same information utilized during the supervised release proceeding… Read more
State v. Garren G. Gribble, 2001 WI App 227, PFR filed For Gribble: Charles B. Vetzner, SPD, Madison Appellate Issue: Whether a witness should have been permitted to demonstrate with a doll the force used to cause injuries to the child victim. Holding: The fact that the experts couldn’t agree on the exact cause of… Read more
