State v. John Lee Schaefer, 2003 WI App 164, PFR filed 8/21/03 For Schaefer: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶32. Schaefer claims that by allowing conviction for possession of child pornography when a defendant “reasonably should know” that the child depicted is under eighteen years of age, Wis. Stat. § 948.12 omits a scienter… Read more
13. Due Process
State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence… Read more
State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence… Read more
State v. Stanley A. Samuel, 2002 WI 34, reversing 2001 WI App 25, 240 Wis. 2d 756, 623 N.W.2d 565 For Samuel: Robert A. Henak Issue/Holding: “¶30. With due process as our touchstone, we conclude that when a defendant seeks to suppress witness statements as the product of coercion, the police misconduct must be more… Read more
State v. William L. Brockett, 2002 WI App 115, PFR filed 5/17/02 For Brockett: Hans P. Koesser Issue/Hearing: The defendant’s right to personal presence at a postconviction evidentiary hearing hinges on the existence of substantial issues of fact in which the defendant participated. Here, there was a substantial dispute, but it related to a “side issue,”… Read more
State Charles A. Dunlap, 2002 WI 19, reversing, 2000 WI App 251, 239 Wis. 2d 423, 620 N.W.2d 398 For Dunlap: Jack E. Schairer, SPD, Madison Appellate Issue: “(W)hether a defendant who is charged with sexual assault should be allowed to present evidence of sexual behavior exhibited by the child complainant prior to the alleged assault, even… 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. James D. Miller, 2002 WI App 197, PFR filed 8/2/02 For Miller: Matthew H. Huppertz, Craig Kuhary, Daniel P. Fay Issue/Holding: The charging period of March 1, 1989, to March 31, 1993, was not too expansive to provide opportunity to prepare a defense, largely because of the victim’s youthfulness and vulnerable relationship (patient-therapist) to defendant, ¶31… Read more
