State v. Kurt J. Doerr, 229 Wis.2d 616, 599 N.W.2d 897 (Ct. App. 1999) For Doerr: John M. Carroll Holding: A preliminary breath test (unlike certain other breath test instruments) requires expert testimony to explain its import: The PBT device has not been approved by the DOT and does not receive a prima facie presumption… Read more
Published 1999
State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999) For Ballos: Robert N. Myeroff Issue/Holding: ¶12. Wisconsin case law has not yet clarified whether, or on what basis, 911 calls, tapes, or transcripts may be admissible. Although the precise analysis may vary from case to case or even from call to… Read more
State v. Earl L. Miller, 231 Wis.2d 447, 605 N.W.2d 567 (Ct. App. 1999) For Miller: Eduardo M. Borda Issue: Whether a prior consistent statement is admissible where the declarant hasn’t been specifically cross-examined about his/her prior statement. Holding: The requirement in § 908.01(4)(a) that the prior consistent statement declarant be subject to cross-examination concerning… Read more
State v. Liliana Petrovic, 224 Wis.2d 477, 592 N.W.2d 238 (Ct. App. 1999) For Petrovic: Robert B. Rondini Holding: While executing a search warrant at Petrovic’s home, a detective talked to her 5-year old daughter, who gave him information about 39 marijuana plants growing outside. She ended up being tried with and convicted of manufacturing… Read more
State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999) For Carnemolla: Robert T. Ruth Issue/Holding: No error found in trial court’s credibility-bound denial of new trial based on newly discovered evidence claim: In the instant case, the trial court found Sautier to be “incredible.” It also found “that a jury would [not] find… Read more
State v. Robert Carnemolla, 229 Wis.2d 648, 600 N.W.2d 236 (Ct. App. 1999) For Carnemolla: Robert T. Ruth Holding: A state’s witness testified that he had two priors, when in fact he had three. The court finds any error harmless, stressing that the witness was a prison inmate and testified in prison clothes – therefore… 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 the probable cause hearing was held within 72 hours of filing of the Ch. 980 petition, as required by § 980.04(2). Holding: The trial court’s finding that the hearing was held… 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/Holding: Prediction of future dangerousness may be made of a juvenile in a Ch. 980 proceeding. The state’s experts assessed Matthew’s dangerousness by using the “Doren criteria,” which were developed through research involving… Read more
