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
13. Due Process
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
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. William G. Johnson, 2001 WI 52, 243 Wis. 2d 365, 627 N.W.2d 455 For Johnson: Martha K. Askins, SPD, Madison Appellate Issue: Whether § 948.025 (repeated sexual assault of a child) violates the rights to due process and unanimous verdict by not requiring unanimity that each predicate act occurred. Holding: Unanimity is required on the… 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. Davon R. Malcom, 2001 WI App 291, PFR filed 11/27/01 For Malcom: John D. Lubarsky, SPD, Madison Appellate Issue: Whether the trial court properly amended the information, after close of evidence, to add a charge of keeping a place “which is resorted to by persons using controlled substances” to the charge of using the… Read more
State ex rel. Michael J. Gendrich v. Litscher, 2001 WI App 163 Issue: Whether the “presumptive mandatory release date” under § 302.11(1g) creates a liberty interest in parole protected by due process. Holding: Prisoners sentenced for a “serious felony” between April 21, 1994, and December 31, 1999, are given a “presumptive” MR date. Discretionary parole does not… Read more
