State v. Richard G. White, 2004 WI App 78, (AG’s) PFR filed 4/1/04 For White: James A. Rebholz Issue/Holding: ¶23. Under Wis. Stat. § 971.23(1)(f), a prosecutor must, upon request, disclose to the defense “[t]he criminal record of a prosecution witness which is known to the district attorney.” A prosecutor, however, has an affirmative duty to make… Read more
C. Exculpatory Evidence
State v. Kevin Harris, 2004 WI 64, affirming as modified 2003 WI App 144, 266 Wis. 2d 200, 667 N.W.2d 813 For Harris: Steven A. Koch Issue/Holding: ¶12 In Brady, the United States Supreme Court held that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material… Read more
State v. Dale H. Chu, 2002 WI App 98, PFR filed 4/23/02 For Chu: Andrew Shaw Issue: Whether defendant was denied his right to exculpatory evidence when the state failed to disclose that a prosecution witness had received favorable treatment in another case. Holding: ¶37. As the State notes, prosecutions that end in dismissal and ordinance violations… Read more
State v. Jerry L. Parker, 2002 WI App 159, PFR filed 5/20/02 For Parker: William Christopher Rose Issue: Whether posttrial destruction of potentially exculpatory evidence (taped drug transaction) requires new trial. Holding: ¶14. A defendant’s due process rights are violated by the destruction of evidence (1) if the evidence destroyed is apparently exculpatory and of such a… Read more
State v. Debra Noble, 2001 WI App 145, 629 N.W.2d 317, reversed, other grounds, State v. Debra Noble, 2002 WI 64 For Noble: Jeff P. Brinckman Issue: Whether a state investigator’s destruction of interview violated the defendant’s due process right to exculpatory evidence. Holding: ¶17. A defendant’s right of pretrial access to exculpatory evidence needed to prepare a… Read more
State v. Andres DelReal, 225 Wis.2d 565, 593 N.W.2d 461 (Ct. App. 1999) For DelReal: Richard D. Martin, SPD, Milwaukee Appellate Holding: The defense was denied exculpatory evidence when a detective testified that the defendant had not been swabbed for gunshot residue when in fact he had, with negative results… 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
